¶1concurring
¶2I join in the Court’s disposition of this appeal and in its thoughtful and persuasive opinion. I do not, however, join in Part III of the opinion recognizing a common-law cause of action for wrongful death because, in my view, we need not address or resolve that issue to decide this appeal.
¶3For affirmance as modified — Chief Justice PORITZ and Justices STEIN, COLEMAN, LONG and ZAZZALI — 5.
¶4Concurring in parti Dissenting in part — Justices VERNIERO and LaVECCHIA — 2.