Personal Injury

Steve Williams v. Westampton Police Department (Opinion)

Category: Personal Injury

Terms: Tort Claims Act, Notice of Claim, “Extraordinary Circumstances”

Summary: The New Jersey Appellate Division reversed the trial court and granted the Defendant’s Motion to Dismiss the Plaintiff’s Complaint for failure to serve the Defendant with the Notice of Claim required under the Tort Claims Act. The Court found that, “[w]ithin the meaning of N.J.S.A. 59:8-9, the term ‘extraordinary circumstances’ does not include attorney inattention or ignorance of the law by a pro se litigant.”

Peter Wilson v. The East Rutherford Police Department, et al. (Opinion)

Category: Personal Injury

Terms: Tort Claims Act, “Good Faith” Doctrine, “Community-Caretaking” Function

Summary: The Appellate Division affirmed the trial court’s ruling granting the Defendant’s Motion for Summary Judgment, holding that the “good faith” doctrine codified in N.J.S.A. 59:3-3 precluded the law enforcement officer and the Borough from being held civilly liable for the Plaintiff’s injuries because the officer was responding to an emergency call for medical assistance, an essential duty of law enforcement officers under the “community-caretaking” function.

Fiore
v. City of Pleasantville (Brief)

Category:
Indemnification

Terms:
Trip and Fall; Liability; Hold Harmless and Defend

Summary:
Brief in support of Motion to Indemnify, Hold Harmless, and Defend,
regarding trip and fall injury caused by raised portion of concrete
which occurred in construction zone.