Statute of Limitations
Appellate Division Refuses to Allow Plaintiff to Use the “John Doe” Rule to Avoid a Statute of Limitations Dismissal
New Jersey’s two-year statute of limitations is very strict, requiring a plaintiff to file their personal injury suit within two years of the date of the accident or injury or suffer a permanent bar to sue anyone for their injuries. New Jersey’s fictitious party rule (“John Doe” Rule), U. 4:26-4, provides a safe haven to […]
Appellate Division Upholds Shorter Statute of Limitations in Insurance Policy for UIM Claim
On January 10, 2018, plaintiff Amy Vanrell was driving a motor vehicle covered by an insurance policy with USAA and was in an accident. She sued the other driver for her injuries but failed to make a claim against her insurance company, USAA, for underinsured motorist coverage until May 2, 2022. The issue in Vanrell […]
Supreme Court Rules on Statute of Limitations for False Light Invasion of Privacy Claim
In January 2020, Plaintiff Salve Chipola attended a Clearview Regional High School’s basketball game, at which time he encountered an acquaintance, Defendant Sean Flannery speaking with a member of the school staff. When attending a subsequent game at the school, a police officer prevented him from entering and handed him a letter from the school, […]
Plaintiff Fails to Meet the Requirements of Fictitious Pleading Rule to Be Able to Add New Parties in Amended Complaint
Plaintiff Jorge Jimenez-Peguero was working for defendant Royal Packaging, LLC at its Totowa warehouse when he was severely and permanently injured by a large industrial machine. Plaintiff claimed that the machine malfunctioned and struck him in the back and then dropped a 100 pound bag of “flower” onto him. Approximately six months after the accident, […]
Court Finds That Lawsuit Filed Against Insurance Company Was Timely Filed
Plaintiffs Marlene Romhen and Ibrahim Mirkhan filed a lawsuit against the defendant insurance company Franklin Mutual Insurance Inc. based upon a theft loss that occurred at their insured residence. The claim was denied by Franklin Mutual by letter dated September 17, 2021. According to the denial letter, the insured needed to file suit against them […]
Plaintiff’s Personal Injury Claim Found Barred by Statute of Limitations
Plaintiff, the Estate of Irene Avagnano appealed the trial court’s order granting summary judgment, dismissing the personal injury action filed against defendants, Atrium Post Acute Care at Wayneview (“Atrium”) and Pulse Medical Transportation (“Pulse”). Plaintiff had alleged claims of negligence, gross negligence and violation of the New Jersey Nursing Home Responsibilities and Rights of Residents […]
Plaintiff’s Personal Injury Claim Barred by the Statute of Limitations Due to Late Filing of Complaint
Plaintiff Simon King claimed to have suffered personal injuries from a motor vehicle accident that happened on August 12, 2019. He filed a complaint against the driver of the other vehicle, Renay Tripp, and Stonewood Tavern as a result of his alleged injuries. The issue in King v. Tripp, 2023 N.J. Super. Unpub. LEXIS 1072 […]
Third Circuit Finds That Statute of Limitations Period on Civil Rights Claim Arising From Wrongful Conviction Did Not Begin Until Conviction Was Vacated
The plaintiff Yasmine Coello was convicted of harassment in 2007. Over a decade later, she was successful in having her conviction vacated. Within two years later, she filed a civil rights action to recover for various abuses she alleged to have suffered during her criminal proceedings. The issue in Coello v. DiLeo, 43 F.4th 346 […]
Minority Statute of Limitations Tolling Held to Be Inapplicable to Suits Brought on Behalf of Minor Decedents or Their Estates
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 […]
Appellate Division Rules in Published Decision That Supreme Court’s COVID Omnibus Order Did Not Toll the Statute of Limitations
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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