By Nick Norlen, Staff Writer
The effort to add “emotional distress” to the list of reasons citizens can sue municipalities is causing Princeton Township its own frustration — concerns over potential increases in insurance premiums.
The Township Committee unanimously passed a resolution Monday opposing revisions to the Wrongful Death Act that would allow those seeking compensation under the law to also pursue “recovery for mental anguish, emotional pain and suffering, loss of society and loss of companionship,” according to identical amendments to the bill introduced in the state Assembly and Senate in January.
The bills, co-sponsored by in the Assembly by Assemblywoman Sheila Oliver (D-East Orange) and in the Senate by state Sen. Nicholas Scutari (D-Linden), have both been referred to their respective judiciary committees.
Township Attorney Ed Schmierer said Thursday that the committee was given the resolution by the state League of Municipalities, which is urging its members to oppose the revisions.
Mr. Schmierer said the township and the league are concerned that expanding the list of things municipalities would have to pay for when successfully sued for a wrongful death — such as a lethal traffic accident caused by a faulty traffic light, for example — will come with increases in insurance premiums and Joint Insurance Fund costs.
The resolution is an effort to keep the municipalities’ liability at a minimum, he said.
Mr. Schmierer said he is not aware of any past cases of individuals trying sue the township for emotional distress caused by a wrongful death.
Though the township doesn’t always pick up the more general resolutions distributed by the league, Mr. Schmierer said, it did in this case because of increasing budget limits that liability costs could further constrain.
”We’re taking a hard look at dollars and we have caps and all these other financial pressures,” he said.
League Senior Legislative Analyst Helen Yeldell agreed.
”This is something that will drive up liability insurance premiums,” she said. “I just don’t know how we could deal with something like this” in the current environment of budget cuts being proposed by Governor Jon Corzine, she added.
Neither Sen. Scutari nor Assemblywoman Oliver could be reached for comment Thursday.
