05-21-09 DINESHA LEBRON VS. CAMDEN CITY BOARD OF EDUCATION AND
SHARPE ELEMENTARY SCHOOL
A-5125-07T1
Plaintiff was hit by a car as she walked home from
elementary school. We concluded her tort claims notice, filed
within ninety days of the accident, adequately informed the
defendant Board of Education of her injury in compliance with
N.J.S.A. 59:8-4 of the Tort Claims Act, even though the stated
basis of liability, i.e., no crossing guard, did not relate to a
duty imposed on the Board. We determined the factual basis
expressed in plaintiff's tort claims notice sufficiently advised
the Board of possible liability for breach of its duty to
supervise its student after dismissal. Further, the Act does
not require a plaintiff to recite in the mandated notice the
legal theories to be pursued in a civil action. We also
concluded the Act imposed no obligation on plaintiff to refile
or amend a notice to detail the alleged legal bases for the
Board's liability, despite the passage of time between the first
served notice when plaintiff was a minor and the filing of
plaintiff's Law Division action after reaching the age of
majority. Accordingly, we reverse the entry of summary judgment
and reinstate plaintiff's complaint against the Board.
Richard Sadowski
Assistant Editor
