Torres v. New Jersey Transit, 2022 WL 1561077, Docket No. A-2993-20 (N.J. Super. App. Div. May 18, 2022)

Service of Notice of Claim on unaffiliated state agency did not satisfy requirement to timely and directly serve NJ Department of Transit in personal injury matter arising out of motor vehicle accident.

In a matter stemming from a motor vehicle accident involving the plaintiff and a New Jersey Transit bus operated by its employee and the defendant driver, there was no disagreement that the plaintiff erroneously served a Notice of Claim on the Tort and Contract Unit within the New Jersey State Department of the Treasury as opposed to serving New Jersey Transit. Despite the plaintiff’s contentions, this was not a harmless error and did not constitute compliance with N.J.S.A. § 59:8-8(a)’s requirement to serve the correct municipality/agency. Nor was the Treasury Department required to forward the Notice of Claim to New Jersey Transit. For these reasons, the trial court dismissed the plaintiff’s complaint, and the appellate court affirmed the decision. 

 

Case Law Alerts, 3rd Quarter, July 2022 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 © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.