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Tag: Statute of Limitations

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Previously, I reported on an unpublished decision, Sutton v. Babilonia, in which the issue was whether the Second Omnibus COVID 19 Order extended plaintiff’s statute of limitations.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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Survivor’s Act Claim Barred Due To The Failure To Timely Appoint A General Administrator Of The Deceased Plaintiff’s Estate

By on October 8, 2021 in Claims with 0 Comments

This matter arises from an automobile accident on December 21, 2016 when the decedent, Joseph Chandler, was struck by an automobile driven by defendant Todd Kasper.  The decedent suffered significant injuries and passed away six days later.  The decedent’s daughter, Damaris Chandler, obtained an appointment as Administrator Ad Prosequendum but was not appointed as General […]

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Lawsuit of Deceased Plaintiff Dismissed Due to Death Occurring Before Complaint Filed

By on August 21, 2020 in Litigation with 0 Comments

The lawyer representing the plaintiff Carolyn Repko (“Repko”) filed a lawsuit in her name in September 2018, not knowing that she had died nine months previously.  He filed suit against the defendant Our Lady of Lourdes Medical Center, Inc. (“Lourdes”) due to plaintiff’s fall which had occurred in September 2016.  The issue in Repko v. […]

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Court Finds that Equitable Tolling of Statute of Limitations Did Not Apply to Prevent Lawsuit’s Dismissal

By on July 7, 2017 in Court Rulings with 0 Comments

Plaintiff Ronald Rowell was injured on February 17, 2011 when his tractor trailer, parked in a commercial warehouse located in New Jersey, was struck by another vehicle. Initially, plaintiff sued the defendants he believed were responsible for the accident. However, after the statute of limitations expired, the plaintiff discovered the correct parties responsible for the […]

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