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Thursday, June 18, 2015

BRIAN BEYER VS. SEA BRIGHT BOROUGH AND SEA BRIGHT POLICE DEPARTMENT A-4061-13T4

BRIAN BEYER VS. SEA BRIGHT BOROUGH AND SEA BRIGHT POLICE DEPARTMENT 
A-4061-13T4 

The Law Division denied plaintiff's motion for late filing of a Tort Claims Act notice, in part finding that the terminal illness of his attorney, which required emergency surgery, did not constitute extraordinary circumstances. We reversed and remanded, concluding that the serious illness and resulting incapacity of the attorney in this case cannot be equated with inattentiveness or negligent conduct. On remand, the Law Division is to hold an evidentiary hearing for the purpose of determining whether the facts support the plaintiff's assertion that the late filing resulted from his attorney's severe medical condition.