Diegnan Aims To Eliminate Statute Of Limitations For All Wrongful Death Cases

Measure Stems from Case of Elizabeth Bernoskie, Widow of Murdered Rahway CopOrdered to Repay $150,000 to Husband's Alleged Killer

Citing a recent Appellate Court decision which requires Elizabeth Bernoskie, the widow of a Rahway police officer, to repay $150,000 to her husband's alleged killer, Assemblyman Patrick J. Diegnan has developed legislation that would eliminate the statute of limitations on all wrongful-death lawsuits resulting from murder or manslaughter.

"Based on the way current law is written, the Appellate Court regrettably had no choice but to reach its decision," said Diegnan (D-Middlesex). "As legislators, we have a responsibility to make sure this injustice never happens again. There is no statute of limitations on the crime of murder; there should also be no statute of limitations on a civil claim for damages against a murderer."

Under current law, there is no statute of limitations for filing a wrongful-death lawsuit against an individual convicted of murder or manslaughter, or who was found not guilty by reason of insanity. In all other cases, the wrongful-death suit must be filed within two years from the time of the victim's death.

Diegnan's legislation would allow wrongful death lawsuits arising out of murder, aggravated manslaughter, or manslaughter to be brought at any time and under any condition.

Bernoskie's police-officer husband, Charles, was gunned down in 1958, but it wasn't until 1999 that evidence arose linking convicted murderer Robert Zarinsky to the crime. In 2003, a jury awarded Mrs. Bernoskie $10.8 million in a civil wrongful-death lawsuit.

Two weeks ago, a state Appellate Court reversed the award, ruling the state's two-year statute of limitations in wrongful death suits had been erroneously lifted to allow Mrs. Bernoskie's lawsuit and ordering her to repay $150,000 she already had received from Zarinsky.