Attorney Mark Sander Wins Interlocutory Appeal in Wrongful Death Case with Survivor’s Act Claims Before New Jersey’s Intermediate Appellate Court

On October 8, 2021, New Jersey’s intermediate appellate court, the Superior Court of New Jersey, Appellate Division, overturned two rulings issued by the Lower Court.  Those rulings had denied Mark Sander’s request for partial summary judgment and granted leave to the Plaintiff to amend her complaint so as to designate herself both as Administrator Ad Prosequendum and General Administrator of her decedent’s estate.

The Trial Court’s decisions were appealed by way of a successful Motion for leave to file an interlocutory appeal – itself a very unusual success.  In connection with the appeal, Mark successfully argued that the Plaintiff could not have standing to bring the Survivor’s Act claim because no estate existed at the time she filed her complaint and, by the time letters of administration were issued to Plaintiff and she sought to amend her complaint, the statute of limitations on that claim was long expired.

In overturning the Trial Court’s rulings, the Appellate Division removed Plaintiff’s pain and suffering claims from the case – a significant portion of the value of the case – as the Survivor’s Act claims were found to be void ab initio.

 Mark Sander is a partner in the firm and manages the Marlton, NJ office, where he represents clients in a variety of catastrophic cases.  Questions about this case can be directed to Mark at (856) 983-0200 or msander@tthlaw.com.