A Capehart Scatchard Blog

Statute of Limitations

Minority Statute of Limitations Tolling Held to Be Inapplicable to Suits Brought on Behalf of Minor Decedents or Their Estates

By on July 21, 2022 in Statute of Limitations with 0 Comments

By: Angela Reading, Law Clerk Editor: Betsy G. Ramos, Esq. On July 14, 2022, the New Jersey Appellate Division in Monk v. Kennedy Univ. Hosp., Inc., 2022 N.J. Super. LEXIS 101 (App. Div. July 14, 2022), issued a published decision, holding that the minority tolling provision in N.J.S.A. 2A:14-2(a), which allows minors to file medical […]

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Appellate Division Rules in Published Decision That Supreme Court’s COVID Omnibus Order Did Not Toll the Statute of Limitations

By on June 17, 2022 in Statute of Limitations with 0 Comments

Previously, I reported on an unpublished decision, Sutton v. Babilonia, in which the issue was whether the Second Omnibus COVID 19 Order extended plaintiff’s statute of limitations.  The Appellate Division ruled in that case that this order did not extend the statute of limitations but, rather, found that the time period of March 16, 2020 to […]

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Plaintiff’s Complaint Dismissed Based Upon The Statute Of Limitations, Despite COVID-19 Order Extending Statute Of Limitations

By on May 20, 2022 in Statute of Limitations with 0 Comments

On November 21, 2018, plaintiff Michael Sutton was involved in a motor vehicle accident with defendant Kevin Babilonia.  Plaintiff suffered injuries and retained counsel just six days before the two year statute of limitations expired.  In the case of Sutton v. Babilonia, 2022 N.J. Super. Unpub. LEXIS 792 (App. Div. May 12, 2022), the issue […]

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Plaintiff’s Counsel’s Negotiations With Insurance Carrier Did Not Toll The Statute Of Limitations For Personal Injury Suit

By on April 14, 2022 in Statute of Limitations with 0 Comments

In an interlocutory appeal, the Appellate Division considered the timeliness of plaintiff’s complaint for personal injuries arising from a June 2, 2019 motor vehicle accident. The trial court had denied the defendant’s motion to dismiss the complaint due to it not being timely filed.  In Richardson v. Miller-Murden, 2022 N.J. Super. Unpub. LEXIS 573 (App. Div. […]

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Counterclaim Filed After Statute of Limitations Expired Permitted to “Relate Back” to Timely Filed Complaint

By on December 28, 2017 in Statute of Limitations with 0 Comments

In New Jersey, personal injury actions must be filed within two years of the accrual of the action. What happens if the complaint is filed on the last day of the statute of limitations and the defendant wishes to file a counterclaim arising out of the same incident? Is the counterclaim barred? That was the […]

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Claim Based on Breach of Installment Contract Found to Accrue as of Date of Missed Payment

In a dispute against the executor of an estate, the two beneficiaries under the decedent’s will (Mark and Michael Balk) sued the executor (Mark Roseman) for breach of fiduciary duty and sought to remove him as executor. Ultimately, the parties reached an agreement, in which the executor Roseman agreed to execute a promissory note in […]

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Limitation Provision in Homeowner’s Insurance Policy Upheld by Court

By on February 19, 2016 in Statute of Limitations with 0 Comments

While the New Jersey statute of limitations for a contract claim, which would include a claim against an insurance policy, is 6 years, some insurance policies contain shorter limitation periods to file a lawsuit against the carrier. In the federal court case of Majagah v. AIG Property Casualty Insurance Agency, Inc., 2016 U.S. Dist. LEXIS […]

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Appellate Division Upholds Jury Verdict of $1 million for Auto Accident Causing Plaintiff to have Sustained 2 Herniated Discs

By on January 15, 2016 in Statute of Limitations with 0 Comments

In the recent case of Gibbs v. Camillo, 2015 N.J. Super. Unpub. LEXIS 2810 (App. Div. Dec. 7, 2015), the Appellate Division was asked to overturn the jury verdict in the amount of $1 million, awarded as compensatory damages to the plaintiff for the two herniated discs she suffered from her automobile accident. The defendant […]

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State Farm’s Actions in Acknowledging Claim and Requesting Information Not Toll the Statute of Limitations

By on December 18, 2015 in Statute of Limitations with 0 Comments

In New Jersey, claimants must file a lawsuit for any personal injuries suffered within 2 years of the date of the accident or their claim will be barred based upon the statute of limitations. Plaintiff Francis Suero was injured on January 13, 2010 when he was driving his vehicle and it was rear-ended by defendant […]

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