Search Rutgers Law Library N.J. Court Opinions

1 Twanda Jones v. Morey Pier, Inc. -- rank: 1000

... case are therefore subject to the TCA. When it enacted N.J.S.A. 59:8-8, the Legislature imposed a strict constraint on public entity liability ... the notice of claims provision of the Tort Claims Act, N.J.S.A. 59:8-8. The Morey defendants filed a third-party claim for contribution ... moved for summary judgment, invoking the ninety-day deadline of N.J.S.A. 59:8-8. The trial court denied the Association’s motion for summary judgment on the ground that N.J.S.A. 59:8-8 does not apply to contribution or common-law claims asserted ... requires that we consider three issues. First, we determine whether N.J.S.A. 59:8-8 bars the Morey defendants from asserting contribution and common-law ... a notice of claim on the Association in accordance with N.J.S.A. 59:8-8. Third, we consider the effect of any allocation of ...

docket:	A-75-15
court:	NJ Supreme Court
decided:	2017-07-27
status:
citation:	230 N.J. 142 165 A.3d 769
Document Size:	127291

2 H.C. Equities, LP v. County of Union -- rank: 973

... 90th day after accrual of the cause of action,” N.J.S.A. 59:8-8. A claim accrues on the date on which the underlying ... that the trial court identified as the accrual date. Accordingly, N.J.S.A. 59:8-8 required H.C. Equities to present its claim to the ... until June 13, 2017, and thus failed to comply with N.J.S.A. 59:8-8. Based on an accrual date of March 8, 2017, H ... 90th day after accrual of the cause of action.” N.J.S.A. 59:8- 8. For purposes of the Tort Claims Act, the “accrual� ... “file suit in an appropriate court of law.” N.J.S.A. 59:8-8. With exceptions that do not apply here, the Tort Claims ... notice of claim within the period of time prescribed by [N.J.S.A. 59:8-8] or to file a motion seeking leave to file ...

docket:	a-1-2-20
court:	NJ Supreme Court
decided:	2021-07-19
status:
citation:
Document Size:	70949

3 W.S. v. Derek Hildreth -- rank: 970

... ninety days of the claim’s accrual as required by N.J.S.A. 59:8-8. The motion judge denied the motion, finding that the amended ... days “after accrual of the cause of action,” N.J.S.A. 59:8-8, is a “procedural requirement[]” of the TCA within ... accrues. Likewise, neither of the statutes on which defendants rely -- N.J.S.A. 59:8-8 and -9 -- defines the term “action at law” to ... may file suit in an appropriate court of law.” N.J.S.A. 59:8-8. If a claimant fails “to file the claim with ... of claim, and (3) the filing of a lawsuit. While N.J.S.A. 59:8-8 prescribes that “the claimant may file suit in an ... fil[ing] suit in an appropriate court of law.” N.J.S.A. 59:8-8. For good reason. Pursuant to Rule 4:2-2, ...

docket:	a-46-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-18
status:
citation:
Document Size:	56350

4 Michael McDade, et al. v. Rodolfo Siazon, et al. -- rank: 946

... served upon it within the ninety-day period required by N.J.S.A. 59:8-8(a). The record also does not reflect an investigation by ... comply with the statutory ninety-day notice of claim requirement, N.J.S.A. 59:8-8(a), or seek relief from that requirement by filing a ... claim requirements are an important component of the statutory scheme. N.J.S.A. 59:8-8(a) requires that a plaintiff seeking to file a claim ... upon litigants seeking to file claims against public entities. Under N.J.S.A. 59:8-8, a claimant must file a notice of claim upon a ... ninetieth day after accrual of the cause of action.” N.J.S.A. 59:8-8. The Legislature, however, has created a mechanism for obtaining discretionary ... failed to serve a timely notice of claim pursuant to N.J.S.A. 59:8-8, and has failed to file a motion for leave ...

docket:	A-59-10
court:	NJ Supreme Court
decided:	2011-09-27
status:
citation:
Document Size:	81305

5 R.A. v. WEST ESSEX REGIONAL SCHOOL DISTRICT BOARD OF EDUCATION -- rank: 944

... as A-0329-19 11 required under the TCA. See N.J.S.A. 59:8-8. Defendants argued that plaintiffs claimed they were sexually assaulted by ... be forever barred from recovering against [the] public entity.' See N.J.S.A. 59:8-8. The court, however, did not address or determine the date ... to comply with the notice provisions of the TCA. See N.J.S.A. 59:8-8 to -9. Defendants do not argue that R.A.'s ... of the accrual dates of their claims as required under N.J.S.A. 59:8-8. Although the motion court did not separately address each of ... plaintiffs' purported untimely filing of the notices of claim under N.J.S.A. 59:8-8, are necessarily limited to the negligence and gross negligence claims ... N.J. 123, 133 A-0329-19 18 (2017) (citing N.J.S.A. 59:8-8); see also H.C. Equities, LP v. Cnty. of ...

docket:	a0329-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-01
status:	Unpublished
citation:
Document Size:	84050

6 John Rogers v. Cape May County Office of the Public Defender -- rank: 894

... ten days beyond the ninety-day limit set forth in N.J.S.A. 59:8-8, further proceedings are required to determine whether the “extraordinary ... N.J.S.A. 59:1-1 to 12-3. N.J.S.A. 59:8-8 provides that a claim “shall be presented . . . not later ... was filed beyond the ninety-day limit set forth in N.J.S.A. 59:8-8, it was a nullity. Rogers did, however, seek leave to ... ten days beyond the ninety-day limit set forth in N.J.S.A. 59:8-8, further proceedings are required to determine whether the “extraordinary ... claim except as otherwise provided in section 59:8-9 . . . . [ N.J.S.A. 59:8-8 (emphasis added).] N.J.S.A. 59:8-9 alleviates the harshness of N.J.S.A. 59:8-8 by allowing a late filing of a notice of ...

docket:	A-63-10
court:	NJ Supreme Court
decided:	2011-12-05
status:
citation:
Document Size:	64317

7 Pamela O’Donnell v. New Jersey Turnpike Authority -- rank: 894

... notice of claim on the correct public entity pursuant to N.J.S.A. 59:8-8, citing the exact circumstances, parties, and theories of liability in ... of claim within ninety days of the accident pursuant to N.J.S.A. 59:8-8. O’Donnell opposed the NJTA’s motion and filed a ... upon litigants seeking to file claims against public entities. Under N.J.S.A. 59:8-8, a claimant must file a notice of claim with the ... served a timely notice of claim on the NJTA under N.J.S.A. 59:8-8, listing the exact circumstances surrounding the accident and the same ... notice of claim on the correct public entity pursuant to N.J.S.A. 59:8-8, citing the exact circumstances, parties, and theories of liability in ... O’Donnell’s attorney served a notice of claim under N.J.S.A. 59:8-8 on the Bureau of Risk Management of the State ...

docket:	a-69-17
court:	New Jersey Supreme Court
decided:	2018-01-14
status:
citation:
Document Size:	52010

8 EARTHA BUTLER v. BADR SCHOOL -- rank: 890

... that Badr's notice of tort claim was untimely under N.J.S.A. 59:8-8 because it was not served within ninety days of the ... within ninety days of the accrual of the claim. See N.J.S.A. 59:8-8; see also O'Donnell, 236 N.J. at 345. The ... shall be forever barred from recovering against a public entity.' N.J.S.A. 59:8-8. The harshness of N.J.S.A. 59:8-8's ninety-day requirement, however, is in part alleviated by ... notice of tort claim is timely filed in accordance with N.J.S.A. 59:8-8, a court must first find 'the date on which the ... Badr contends that its notice of claim was timely under N.J.S.A. 59:8-8 because it did not know, and had no reason ...

docket:	a1099-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-09
status:	Unpublished
citation:
Document Size:	30755

9 D.D. v. University of Medicine and Dentistry of New Jersey -- rank: 888

... to reach him, plaintiff retained new counsel in April 2010. N.J.S.A. 59:8-8. Using a totality of the circumstances approach, however, the court ... a public entity for damages are governed by the TCA. N.J.S.A. 59:8-8 requires that pre-suit notification be provided to defendants within ... claim within the ninety days permitted by the statute, see N.J.S.A. 59:8-8, but noted that her motion for leave to file a ... invoked to relax the timeliness requirement of the statute. See N.J.S.A. 59:8-8. In his view, the majority had erred by substituting substantial ... a claim and its particulars be provided to the defendants. N.J.S.A. 59:8-8. That statutory provision, which requires that the notice be filed ...

docket:	A-29-30
court:	NJ Supreme Court
decided:	2013-03-12
status:
citation:
Document Size:	136220

10 D.D v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY -- rank: 876

... to resolve it before plaintiff could file a law suit. N.J.S.A. 59:8-8. "The granting or denial of permission to file a late ... S.A. 59:8-4 within the timeframe established in N.J.S.A. 59:8-8, the majority misapplies the doctrine of substantial compliance to overlook ... 3, within ninety days of the accrual of such claim. N.J.S.A. 59:8-8. This notice of claim must be signed by the claimant ... notice of claim. Defendants rejected this notice as untimely under N.J.S.A. 59:8-8. On April 20, 2010, counsel moved before the Law Division ... notice of his claim within 90 days as provided in [ N.J.S.A. ] 59:8-8 . . . may, in the discretion of a judge of the Superior ... not file the TCA notice within the time mandated by N.J.S.A. 59:8-8 because her first lawyer did not tell her that ...

docket:	a5676-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-27
status:	unpublished
citation:
Document Size:	61715

11 D.D v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY -- rank: 876

... to resolve it before plaintiff could file a law suit. N.J.S.A. 59:8-8. "The granting or denial of permission to file a late ... S.A. 59:8-4 within the timeframe established in N.J.S.A. 59:8-8, the majority misapplies the doctrine of substantial compliance to overlook ... 3, within ninety days of the accrual of such claim. N.J.S.A. 59:8-8. This notice of claim must be signed by the claimant ... notice of claim. Defendants rejected this notice as untimely under N.J.S.A. 59:8-8. On April 20, 2010, counsel moved before the Law Division ... notice of his claim within 90 days as provided in [ N.J.S.A. ] 59:8-8 . . . may, in the discretion of a judge of the Superior ... not file the TCA notice within the time mandated by N.J.S.A. 59:8-8 because her first lawyer did not tell her that ...

docket:	a5418-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-27
status:	unpublished
citation:
Document Size:	61715

12 DESMOND AND KRISTINA NEWBERRY V. TOWNSHIP OF PEMBERTON -- rank: 821

... prescribes the required contents of a notice of claim, and N.J.S.A. 59:8-8 if the claimant provides the public entity with notice substantially ... just after expiration of the ninety-day period prescribed by N.J.S.A. 59:8-8 for filing the claim notice. ����Plaintiffs did not complete and ... cause. In our view, the Legislature, by its adoption of N.J.S.A. 59:8-8 requires a claimant to give the public entity notice of ...

docket:	a5008-97
court:	njappellate
decided:	1999-04-07
status:	published
citation:	319 N.J.Super. 671
Document Size:	28203

13 /usr/local/share/www/libweb/collections/courts/appellate/a0868-19.opn.html -- rank: 809

... served within ninety days of the accident as required under N.J.S.A. 59:8-8. On June 27, 2019, plaintiff filed a complaint against the ... serve a timely notice of tort claim as required by N.J.S.A. 59:8-8. A-0868-19T1 6 Plaintiff subsequently filed a motion for ... claim 'was properly and timely served' on the NJTA under N.J.S.A. 59:8-8. The court also entered an order denying the NJTA's ... In a subsequent written decision, the motion court explained that N.J.S.A. 59:8-8 requires service of a notice of tort claim within ninety ... two days later, on December 12, 2018, was timely under N.J.S.A. 59:8-8.6 On appeal, the NJTA presents the following arguments for ... the court correctly determined plaintiff's notice was timely under N.J.S.A. 59:8- -8. A-0868-19T1 8 POINT TWO THE MOTION JUDGE ...

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court:
decided:
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Document Size:	35312

14 IN THE MATTER OF MARIE COGNAT -- rank: 803

... ninety-day window for filing a notice of claim. See N.J.S.A. 59:8-8. The Szaferman firm, however, did not file a late notice ... otherwise provided in [ N.J.S.A.] 59:8-9 . . . . [N.J.S.A. 59:8-8.] N.J.S.A. 59:8-9 provides that [a ... of claim was filed within ninety days' as required by N.J.S.A. 59:8-8.' Ibid. ''If not, the third task is to decide whether ...

docket:	a2018-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-21
status:	Unpublished
citation:
Document Size:	35394

15 ROBERT VOLKER v. OCEAN TOWNSHIP -- rank: 796

... claim except as otherwise provided in section 59:8-9 . . . . [ N.J.S.A. 59:8-8.] The stringency of this time requirement may, however, be relaxed ... given within ninety days of the accrual of the claim , N.J.S.A. 59:8-8, which occurs at the time of an initial injury caused ... s counsel did not provide the informa�tion required by N.J.S.A. 59:8-8 for presentation of claims because the municipality did not file ...

docket:	a0527-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-28
status:	unpublished
citation:
Document Size:	69100