Sykes v. Propane Power Corp.
New Jersey Superior Court, Appellate Division
541 A.2d 271 (1988)
William Sykes was killed in an explosion at his workplace, and Barbara Sykes (plaintiff), who had lived with him for 22 years, raised four children with him, and held herself out as his wife, though they were never legally married, brought a wrongful-death suit against Propane Power Corporation and others (defendants). New Jersey's Wrongful Death Act limited recovery to persons entitled to take the decedent's intestate property, which under state law meant only a legally married surviving spouse; the trial court granted Propane Power's motion to dismiss Barbara's claim on that basis, and she appealed, arguing the law denied her equal protection.
Whether a plaintiff can recover wrongful-death benefits for the death of her cohabiting partner absent a legal marital relationship.