Debra Warren v. Christopher P. Muenzen
150 A.3d 940
N.J. Super. Ct. App. Div.2016Background
- In 2007 Robert Warren had an elevated PSA (15.4) on testing by Dr. Muenzen; whether Muenzen warned him is disputed. In Sept.–Oct. 2009 Robert was diagnosed with prostate cancer; he died in Sept. 2011 from metastatic disease.
- Plaintiff (Debra Warren, individually and as executrix) sued in Jan. 2013 asserting wrongful death (WDA) and survival claims under the Survivor Act for decedent's pre‑death pain, suffering, medical expenses, lost earnings, and loss of consortium; defendant pled the statute of limitations (SOL).
- Defendant moved for partial summary judgment arguing the two‑year personal‑injury SOL governed the survival claims (accrual in 2009); the trial judge granted dismissal of the emotional‑distress count but denied dismissal of the survival claims for pre‑death damages, concluding the 2009 amendment to the Survivor Act created a two‑year SOL running from death (subject to the murder/manslaughter exception).
- The Appellate Division granted leave to appeal the SOL issue; amici briefed by NJ Association for Justice, NJ Hospital Ass'n, and Property Casualty Insurers Ass'n.
- The central legal dispute: whether the 2009 Amendment to N.J.S.A. 2A:15-3 created a new two‑year limitations period running from death for all actions brought under the Survivor Act (thus preserving actions filed within two years of death even if the underlying cause of action had already expired), or whether preexisting SOLs governing the underlying causes of action continue to apply to survival claims (with only limited exceptions for criminal homicides).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the 2009 Amendment to the Survivor Act create a new two‑year SOL running from death for all survival actions, or do the underlying causes' SOLs continue to govern such claims? | The amendment's plain text ("Every action brought under this chapter shall be commenced within two years after the death") means survival suits are timely if filed within two years of death, regardless of when the decedent's cause of action accrued. | The amendment was intended only to eliminate the SOL for survival claims arising from murder/manslaughter (to conform to the WDA); otherwise, existing SOLs for the underlying causes continue to apply; permitting a two‑year post‑death SOL would absurdly extend SOLs for many claims and nullify statutes like N.J.S.A. 2A:14‑1, 2A:14‑2 and the six‑month toll (2A:14‑23.1). | Reversed trial judge: survival claims for pre‑death personal‑injury damages (counts three and four) are time‑barred because the underlying malpractice cause accrued in 2009 and the 2009 Amendment did not create a new, general two‑year SOL running from death. |
Key Cases Cited
- Canino v. New York News, Inc., 96 N.J. 189 (1984) (distinguishes purposes of wrongful death and survival remedies and recognizes survival actions for defamation)
- Miller v. Estate of Sperling, 166 N.J. 370 (2001) (WDA is an independent cause of action not extinguished by decedent's failure to maintain a malpractice claim)
- Soden v. Trenton & Mercer Cty. Traction Co., 101 N.J.L. 393 (E. & A. 1925) (Survivor Act limitations run from time of injury; WDA runs from death)
- Silverman v. Lathrop, 168 N.J. Super. 333 (App. Div. 1979) (survival medical‑malpractice claim barred where underlying SOL had run before suit)
- Kotkin v. Caprio, 65 N.J. Super. 453 (App. Div. 1961) (when injured person dies with a cause of action, that cause passes to estate while wrongful death is a separate action)
- Nuwave Inv. Corp. v. Hyman Beck & Co., 221 N.J. 495 (2015) (court declined to expand defamation SOL on equitable grounds; legislative change required)