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NJ App. Div. Reverses Trial Court Allowing Late Notice Of Claim Under Tort Claims Act.

January 18, 2010

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In Mabry v. West Windsor Township, the township appealed from a trial court order granting the plaintiff leave to file a late notice of claim pursuant to the New Jersey Tort Claims Act. The Appellate Division reversed finding that the plaintiff had failed to present sufficient reasons constituting extraordinary circumstances for failing to timely file her notice of claim. Plaintiff had argued confusion over whether the ambulance involved in the accident was privately or township owned. The court found that any confusion should have been cleared up by the plaintiff acquiring the police report in a timely manner and that , neither the plaintiff, nor her attorney could have detrimentally relied on the information the town posted on its web site.
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