In a precedential decision, a New Jersey appeals court mulled whether the Legislature intended for application of the minority tolling provision when it drafted the Wrongful Death Act, ultimately determining that it did not.
The plaintiffs in the case, Shenise Monk and Jordi Wilson, alleged medical malpractice, negligence, corporate negligence, and a claim pursuant to the WDA against Kennedy University Hospital and members of its medical staff on behalf of their infant son, who passed away at 6 moths old. At trial, the case was allowed to proceed when the court found the minority tolling provision applied.
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