Advertising Disclosure Email Disclosure

Appellate Division finds extraordinary circumstances in permitting the plaintiff to file a late Notice of Claim against the public defendants.

October 1, 2019
Nunez v. Rutgers Univ. Medical School, 2019 N.J. Super. Unpub. LEXIS 1200 (App. Div. May 24, 2019)

The plaintiff underwent surgery at the hospital to treat her scoliosis and back pain. After waking, she experienced increased pain in her leg and decreased movement and sensation. Upon recommendation from the defendant surgeon, the plaintiff underwent a second surgery, followed by months of rehabilitation and physical therapy. She ultimately failed to regain the use of her leg and was left wheelchair-bound and incontinent. The plaintiff consulted with several attorneys, one of whom informed her that if any defendants are state employees, she would be required to file a Notice of Claim within 90 days pursuant to the Tort Claims Act. The trial court ultimately dismissed the plaintiff’s motion for leave to serve a late tort claim notice and denied her motion for reconsideration. The Appellate Division reversed, holding that extraordinary circumstances existed to permit the plaintiff’s late tort claim notice. Specifically, the plaintiff’s mental and physical debilitation following the second surgery, which she believed may have fixed the issues from the first surgery, constituted extraordinary circumstances beyond the norm—she lost the use of one leg, became incontinent, was wheelchair-bound, and was administered morphine, oxycodone, and antidepressants in addition to engaging in rehabilitation efforts. These circumstances had an “impact on [plaintiff’s] very ability to pursue redress and attend to the filing of a claim.”


Case Law Alerts, 4th Quarter, October 2019

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Nataliana A. Guida
(973) 618-4154

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."