## Facts

- Chester M. Dubil died, allegedly due to negligence by multiple physicians and a hospital.
- Margaret Dubil, as administratrix of his estate, sued for wrongful death on behalf of herself and their four minor children.
- Before trial, Margaret remarried and had a child with her new husband.
- The trial court issued a pretrial order barring any reference to the remarriage and excluding evidence of benefits derived from it on the issue of damages.
- Defendants obtained interlocutory review, arguing remarriage and its financial consequences were relevant to reduce wrongful-death damages.

## Issues

1. In a wrongful-death action, may defendants introduce evidence of the surviving spouse’s remarriage, including economic benefits from the remarriage, to mitigate or reduce damages?
2. If remarriage evidence is excluded, may the court rely on jury instructions to ensure damages are assessed without regard to remarriage even if jurors learn of it incidentally?

## Decision

- The Supreme Court of New Jersey affirmed the trial court’s interlocutory order.
- Evidence of the widow’s remarriage, and any financial consequences flowing from it, was inadmissible on the issue of wrongful-death damages.
- The court held that proper limiting instructions could ensure a verdict uninfluenced by remarriage even if the jury became aware of it.

## Legal Principles

- Wrongful-death damages are measured by the beneficiaries’ pecuniary loss attributable to the decedent’s death—i.e., the reasonable expectation of financial support and services the decedent would have provided.
- A surviving spouse’s remarriage is a collateral, post-death event and cannot be used to offset or mitigate the pecuniary loss caused by the tortfeasor.
- Evidence that invites speculative assessments (such as the stability, duration, and financial implications of a new marriage) is properly excluded from the damages inquiry.
- Courts may exclude remarriage evidence and rely on instructions directing jurors to disregard remarriage in calculating wrongful-death damages.

## Conclusion

The court held that wrongful-death damages must be based on the decedent’s lost contributions and may not be reduced by the surviving spouse’s remarriage or related benefits; the trial court properly barred remarriage evidence and could protect fairness through jury instructions.


Dubil v. Labate, 52 N.J. 255, 245 A.2d 177 (N.J. 1968)