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1 Deborah Anderson v. TARANCE Bryant -- rank: 1000

... settlement with Bryant barred her claim against Jersey City under N.J.S.A. 59:9-6(b), which states: Where a claimant has pursued his remedy ... entity in a claim arising from the same subject matter. N.J.S.A. 59:9-6(a) similarly states a judgment or settlement with a public ... bars suit against the public employee. The plain language of N.J.S.A. 59:9-6(b) supports the judge's ruling. Plaintiff had pursued her ... respondeat superior for the employee's negligence. Plaintiff claims that N.J.S.A. 59:9-6(b) only bars a "second or successive" suit, not pursuing ... the "same" suit. She cites a commentator's view that N.J.S.A. 59:9-6(a) "provides that where a claimant has pursued his remedy ... the employee." Margolis & Novack, Claims Against Public Entities , comment to N.J.S.A. 59:9-6 (2016) (emphasis added). However, no such additional language appears ...

docket:	a5423-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	53853

2 /usr/local/share/www/libweb/collections/courts/appellate/a1512-20.opn.html -- rank: 768

... 20 2 defendants was required by the plain language of N.J.S.A. 59:9-6, a provision of the Tort Claims Act (TCA), N.J ... 14. After carefully reviewing the record, we are satisfied that N.J.S.A. 59:9-6 does not contemplate the unusual circumstances presented in this appeal ... major claim lawsuit against the Newark defendants by operation of N.J.S.A. 59:9-6. On January 13, 2021, the trial court heard oral argument ... the Newark Defendants) is barred by the plain language of N.J.S.A. 59:9-6. The court therefore found that 'the notice of dismissal [of ... has settled and thus, the major case is barred under N.J.S.A. 59:9- 6. In support of this conclusion, the court finds that the ... App. Div. 2013) (citing DiProspero, 183 N.J. at 493). N.J.S.A. 59:9-6 reads: a. Where a claimant has pursued his [or ...

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court:	New Jersey Superior Court Appellate Division
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Document Size:	27401