NJ Tort Claims Act

Late Notice of Tort Claim Approved? Not So Fast (NJ)

In New Jersey, a plaintiff sought to file a late notice of tort claim identifying a police officer that she claimed was responsible for her injuries. The plaintiff in Pagan v. Rivera sought help from the police department when she was threatened by a former boyfriend in violation of an Order of protection. Despite plaintiff’s concerns that the former boyfriend could be hiding in her apartment,...Read More

NJ Supreme Court Holds that NJ Transit is held to Heightened Duty of Care to its Passengers

On February 17, 2021, the New Jersey Supreme Court in Maison v. New Jersey Transit Corporation held that NJ Transit, which is a public common carrier of passengers, is held to the same heightened duty of care regulating private carriers. By way of background, the case involved a young woman whose forehead was severely injured after teenage passengers threw a bottle at her face. The teenagers...Read More

Consumer Fraud Act Claim or a Product Liability Claim? NJ Supreme Court Says Why Not Both? (NJ)

In Sun Chemical Corporation v. Fike Corporation, the Supreme Court grappled with the issue of whether a New Jersey Consumer Fraud Act claim can be based on a claim that is also actionable under the New Jersey Product Liability Act. Sun Chemical Corporation purchased an explosion isolation and suppression system from Fike Corporation to prevent and contain explosions in its new dust collection...Read More

Court Reinforces High Standard For Proving Dangerous Condition (NJ)

In Deravil v. Pantaleone,  the plaintiff was struck by a motor vehicle while crossing the street outside of a designated cross-walk at night while wearing dark clothing.  The area where the plaintiff was struck lacked functioning street lights, and the trees and utility poles allegedly obstructed the view of the road for both pedestrians and drivers.  Additionally, at the point of impact, the...Read More

GEICO Challenges Deemer Statute in New Jersey

Geico has challenged a New Jersey State Statute requiring auto policies issued out of state to provide a minimum amount of bodily injury liability coverage when the insured drivers are involved in accidents in New Jersey.  The case is Guerline v. Brian v. Richards, case number 081799, in the New Jersey Supreme Court. As of December 7, 2018, the New Jersey Supreme Court justices had granted...Read More

Surgery Not Necessarily A Permanent Injury Under Tort Claims Act (NJ)

In a claim against a New Jersey public entity, a plaintiff must prove a permanent and substantial injury to permit recovery.  Under the Torts Claims Act, public entities are immune from suits unless there is permanent loss of a body function, permanent disfigurement or dismemberment. In Paz v. State of New Jersey, the plaintiff suffered injuries to her neck, back and shoulders after a trip and...Read More

Municipal Violation Does Not Give Rise to Tort Liability (NJ)

A municipal ordinance that seemingly created tort liability was challenged in Doremus v. DeLorenzo. Plaintiff filed a complaint against defendants alleging she sustained personal injuries while walking on the sidewalk by defendant’s residential property. Plaintiff asserted that a town ordinance required abutting property owners to maintain the sidewalk, and failing to do so would impose...Read More

NJ Tort Claims Act Defeats Contractor's Catastrophic Injury Claim

Plaintiff William Muha became paralyzed from the waist down when he fell off a ladder after accepting a job from Fast Signs to install signs on a column at Kean University.  Muha filed a worker’s compensation claim against FastSigns and a notice of claim against the University.  The worker’s compensation Judge dismissed plaintiff’s petition holding that plaintiff was an independent contractor...Read More

Discovery Rule Applies to Notice Provisions of the NJ Tort Claims Act.

As a prerequisite to proceeding with a tort claim against a public entity, a plaintiff must file a notice of claim with the public entity within ninety days of the accrual of the cause of action.  Under “extraordinary circumstances” accompanied by a showing that the public entity had not been substantially prejudiced, a plaintiff may file a late notice of claim within one year of the accrual...Read More