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Tuesday, February 26, 2008

Tort Claims Affecting Personal Injury against Municipalities- Important cases

Tort Claims notice needed vs. UMDNJ Lowe v. Zarghami, M.D. ____ NJ _______(1999) (A-182-87, decided June 7, 1999).

UMDNJ faculty members practicing in affiliated hospitals are public employees to whom the notice provisions of the Tort Claims Act apply. The injured party in this case has presented extraordinary circumstances that justify permitting her to file a late notice of claim.

Substantial disfigurement needed for Tort Claims Hammer v. Livingston Twp. ____ NJ Super. ___ (App. Div. 1999) Appellate Division, A-3593-97T1, February 18, 1999

A Tort Claim Act plaintiff who alleges a permanent disfigurement must show that she has a substantial disfigurement that meets the standard of Falcone and Puso.

Trial de novo must be served within 30 days, Richard and Janet Jones v. First National Supermarkets, Inc. ____ NJ Super. ___ (A-3455-98T5, decided March 13, 2000)

Demand for a trial de novo must be served on all other parties within 30 days in the absence of extraordinary circumstances. The trial court properly confirmed the arbitration award where defendant's attorney did not mail demand to plaintiff's attorney until 34 days after the award, although demand had been filed with the civil division manager within the 30-day period.

Assistant Editor: Ernest Fantini