Francine Conzentino v. the State University of New Jersey Rutgers

CourtNew Jersey Superior Court Appellate Division
DecidedJuly 8, 2025
DocketA-2679-23
StatusUnpublished

This text of Francine Conzentino v. the State University of New Jersey Rutgers (Francine Conzentino v. the State University of New Jersey Rutgers) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Francine Conzentino v. the State University of New Jersey Rutgers, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2679-23

FRANCINE CONZENTINO,

Plaintiff-Respondent,

v.

THE STATE UNIVERSITY OF NEW JERSEY RUTGERS,

Defendant-Appellant,

and

STATE OF NEW JERSEY, COUNTY OF ESSEX, and CITY OF NEWARK,

Defendants. __________________________

Submitted May 21, 2025 – Decided July 8, 2025

Before Judges Mayer and DeAlmeida.

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. L-0959-23.

Norris McLaughlin, PA, attorneys for appellant (Edward G. Sponzilli, on the briefs). Brandon J. Broderick, LLC, attorneys for respondent (Lisa A. Lehrer, of counsel and on the brief).

PER CURIAM

Defendant Rutgers, the State University of New Jersey (Rutgers) appeals

from the April 26, 2024 Law Division order granting plaintiff Francine

Conzentino leave to file a late notice of tort claim pursuant to N.J.S.A. 59:8-9.1

We reverse.

I.

Plaintiff alleges that on September 12, 2022, she injured her ankle while

walking down stairs in Smith Hall on the Rutgers Newark campus.

On September 27, 2022, plaintiff filed a "Student or Public Incident Alert"

(Alert) with the Rutgers Department of Risk Management and Insurance

(DRMI). The Alert: (1) listed plaintiff's name and contact information, as well

as the time and date of the incident; (2) stated "[a]fter class I went to ask my

professor a question, I proceeded down the stairs and twisted my ankle"; (3)

stated plaintiff went to a doctor and was diagnosed with a "non-displaced

fracture of the 5th metatarsal bone"; and (4) listed the name of a witness. The

1 Rutgers was incorrectly pled as the State University of New Jersey, Rutgers. A-2679-23 2 Alert did not allege Rutgers was at fault for plaintiff's injuries or state she

intended to seek damages from Rutgers.

On January 18, 2023, plaintiff retained counsel to file a complaint against

Rutgers.

On February 8, 2023, plaintiff's counsel sent a notice of tort claim to the

State Department of Treasury. The notice identifies the date, time, and place of

plaintiff's injury, describes her injuries in detail, names Rutgers as the party

responsible for plaintiff's injuries for its "[f]ailure to maintain and [sic] common

areas where students and staff travel," and indicates plaintiff intends to seek

damages from Rutgers. Plaintiff's counsel sent a copy of the notice of tort claim

to DRMI on February 8, 2023.

On February 9, 2023, plaintiff filed a complaint in the Law Division

alleging her injury was the result of Rutgers's palpably unreasonable, negligent,

and careless acts resulting in a dangerous and hazardous condition at Smith Hall.

The complaint alleges plaintiff complied with the notice provisions of the Tort

Claims Act (TCA), N.J.S.A. 59:8-1 to 8-11.

On March 8, 2023, Rutgers moved to dismiss the complaint, arguing

plaintiff failed to file a notice of tort claim within ninety days of the accrual of

her claim pursuant to N.J.S.A. 59:8-4. In support of the motion, Rutgers

A-2679-23 3 submitted a certification of Donna Bahnck, the Assistant Director of DRMI. She

certified DRMI is responsible for "the handling of [c]laims asserted against

Rutgers and its employees and reviewing notices of tort claim(s) and complaints

filed against Rutgers. If a notice of claim is served on Rutgers an[d]/or its

employees it will be forwarded to [DRMI]." Bahnck continued:

Following the alleged incident, I was contacted by telephone by [p]laintiff who inquired about available student health coverage. It is my understanding that [p]laintiff was a part-time student at the time of the accident and advised [p]laintiff that Rutgers does not provide secondary accidental insurance for part-time students.

On or about February 8, 2023, my office received a notice of tort claim on plaintiff's behalf. See attached. This is the only notice of tort claim on file in this matter.

On March 20, 2023, plaintiff cross-moved for leave to file a late notice of

tort claim. In support of the cross-motion, plaintiff conceded that "[p]rior to

retaining counsel [p]laintiff did not file a notice of claim pursuant to N.J.S.A.

Title 59 within the statutory period prescribed . . . ." She argued she failed to

file a timely notice of tort claim "because she went in directly to the Rutgers

office and did complete an incident report. No one ever told her the document

was not sufficient." Plaintiff also argued she substantially complied with the

notice of tort claim requirement when she filed the Alert with DRMI.

A-2679-23 4 In reply, Rutgers submitted a second certification from Bahnck explaining

the purpose and use of Alerts. She certified:

The purpose of the Alert completed by [p]laintiff is to provide Rutgers with contact and basic information about incidents involving University students, employees, and members of the public. The Alert is an administrative form which is typically used in situations such as the one involving [p]laintiff, to verify identity and student status to determine if the student might be eligible for a secondary accidental policy. This policy is only available to full-time students who pay for it.

In addition to using an Alert to evaluate student eligibility, the University uses the Alerts for other administrative functions, for example certain employee situations or when we need an Alert as part of processing a property loss, theft and/or damage to vehicles and University buildings and other property.

Bahnck explained that "[i]n many instances, no further action is needed

upon receipt of the Alert. Many individuals who report an occurrence do not

require medical attention or receive treatment at the Student Health Centers.

Many of these cases involve reports like that provided by [p]laintiff in this case,

i.e., 'twisted ankle.'" She continued, "[t]here are many instances of minor

injuries, such as described by [p]laintiff in the Alert, which are either treated by

the party themselves through their personal insurance or through Rutgers Health

Centers, which are not subject to a tort claim against Rutgers."

A-2679-23 5 Bahnck certified Rutgers, as permitted by statute, uses an individualized

notice of tort claim form that, if timely submitted, meets the requirements of the

TCA. She continued, "[o]nce timely notice of claim is properly served on the

University, with a description of the occurrence and theory of liability, an

investigation is undertaken with respect to the claimant's allegations." The

Alert, which "does not provide the information required in the [Notice of] Claim

Form and is only used for administrative purposes." Bahnck certified that "[i]f,

as [p]laintiff suggests, Alerts are given the same effect as a Tort Claim Notice,

this would have a significant and potentially devastating impact on Rutgers' [s]

ability to fund and direct its resources to operate a self-insurance program."

On April 26, 2024, the motion court issued an oral decision. Although the

motion court did not expressly address the accrual date of plaintiff's claim, it

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Francine Conzentino v. the State University of New Jersey Rutgers, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francine-conzentino-v-the-state-university-of-new-jersey-rutgers-njsuperctappdiv-2025.