A New Jersey lawsuit involving the wrongful death of an 11 year-old child killed in a motor vehicle accident was recently settled for $3.55 million. In the incident, a car missed a stop sign on South Wyoming Avenue in South Orange, New Jersey and broadsided the car carrying the 11 year-old child and his father. The car carrying the passenger child was flipped on its side and was also hit by a third vehicle. The child sustained a fatal head trauma in the incident. The estate of the child initiated a wrongful death lawsuit, and also brought claims under the seminal case of Portee v. Jaffee, 84 N.J. 88 (1980), which allows a claim for negligent infliction of emotional distress from witnessing the serious injury or death of another. In this regard, the father of the child alleged post-traumatic stress disorder, anxiety, and depression from witnessing his child dying. The case settled pre-trial, with various insurers contributing to the total settlement amount.
$3.55 Million Settlement in Essex County, NJ Lawsuit Involving Wrongful Death of Child That Was Witnessed by Parent
