Wood v. County of Burlington

695 A.2d 377, 302 N.J. Super. 371, 1997 N.J. Super. LEXIS 300
CourtNew Jersey Superior Court Appellate Division
DecidedJune 26, 1997
StatusPublished
Cited by17 cases

This text of 695 A.2d 377 (Wood v. County of Burlington) 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
Wood v. County of Burlington, 695 A.2d 377, 302 N.J. Super. 371, 1997 N.J. Super. LEXIS 300 (N.J. Ct. App. 1997).

Opinion

The opinion of the court was delivered by

MICHELS, P.J.A.D.

Defendants Florence Township, Florence Township Police Department, and the Florence Township Police Officers appeal from an order of the Law Division that granted plaintiffs Richard I. Wood, Lois M. Wood, Lois Ann Wood Desideradio, Scott J. Wood, and Craig A. Wood, Administrator ad Prosequendum of the Estate of Richard I. Wood, III, Deceased, leave to file a late claim under the New Jersey Tort Claims Act concerning the death of Richard I. Wood, III (decedent).

Decedent was pronounced dead shortly after midnight on December 2, 1994, following a struggle with Florence Township police officers late in the evening of December 1, 1994. The [374]*374incident which gave rise to this event stemmed from a motor vehicle stop which occurred on December 1,1994, at approximately 10:45 p.m. in Florence Township. After Florence Township police officers stopped decedent, he attempted to elude them, ultimately abandoning his motor vehicle and running into his apartment at 17 West Fifth Street, Florence, New Jersey. What happened thereafter is in dispute. Plaintiffs claim that decedent died as a result of unreasonable force applied by the arresting officers. Florence Township and its arresting officers contend that they acted appropriately under all of the circumstances and that decedent had ingested a lethal dose of cocaine immediately before expiring.

On March 1, 1995, plaintiffs served a notice of tort claim upon Florence Township pursuant to the provisions of the New Jersey Tort Claims Act (the Act), N.J.S.A. 59:1-1 to 59:12-3. On the same day, Florence Township Administrator Richard A. Brook mailed a copy of Florence Township’s official claims form adopted pursuant to N.J.S.A. 59:8-6 of the Act to plaintiffs’ attorneys, which in part read:

Your claim -will not be considered as filed and cannot be evaluated until you return the completed form and provide the information requested.
You should be aware of the fact that the New Jersey Tort Claims Act includes limitationfs] on claims against public bodies and establishes time limits for the filing of those claims.
Notice of the claim against the public body generally must be filed within 90 days after the incident giving rise to the claim. No Notice of Tort Claim may be filed after the 90 day period unless there is an order from the New Jersey Superior Court allowing the late filing of a Notice of Tort Claim. Such an Order can be granted only within one year from the date of the incident and only where the Court determines that good cause exists to permit the late filing.

Plaintiffs did not complete and return the form. In fact, Florence Township did not receive any response to its letter or have any communication from plaintiffs until December 1, 1995, when plaintiffs moved in the Law Division for an order declaring that their previously filed and served notice of tort claim was “sufficient at law or in the alternative permitting [them] to file a late notice of claim in accordance with N.J.S.A. 59:8-9.” Follow[375]*375ing argument, the trial court granted plaintiffs leave to file a late notice of claim reasoning, in part:

[I]t is clear that the Township’s adopted form was never used notwithstanding the claimant’s notice of it. At the same time the Township has been on notice of this claim officially since March 1, 1995. While normally it is true that more than a year to prepare and file a specially adopted form would be unreasonable, given the circumstances of this ease and the lack of clear guidance in the law on the issues raised herein I am inclined to permit the claimants now, an opportunity to answer the Township’s interrogatories as completely as possible, file them by May 1,1996, and require them to wait six months to file suit. In any event suite [sic] must be filed by December 1,1996, if the claim is not settled before then.

We were informed at oral argument that plaintiffs have also instituted an action against Florence Township and others in the United States District Court for the District of New Jersey.

Florence Township and the other defendants appeal, seeking a reversal of the order. They contend that plaintiffs not only failed to comply with the notice requirements of the Act from the outset, but never attempted to explain why they waited so long to file their motion or why they never bothered during their initial ninety days to ascertain whether Florence Township had adopted a specialized claim form under N.J.S.A. 59:8-6, and never explained why they did not answer the specialized form sent to them by Florence Township.

The Act governs tort claims brought against public entities. The Act provides: “No action shall be brought against a public entity or public employee under this act unless the claim upon which it is based shall have been presented in accordance with the procedure set forth in this chapter.” N.J.S.A. 59:8-3 (footnote omitted). The Comment on N.J.S.A. 59:8-3 reads, in part:

The purpose of !he claims notification requirement in this Chapter is two-fold: (a) to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit; (b) to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense.

“The rationale underlying the notice requirement of the Act is to expedite investigation with the hope of reaching a nonjudicial settlement and to allow the public entity prompt access to information about the claim so that it may prepare a defense.” [376]*376Pilonero v. Township of Old Bridge, 236 N.J.Super. 529, 533, 566 A.2d 546 (App.Div.1989). See also Navarro v. Rodriguez, 202 N.J.Super. 520, 525, 495 A.2d 476 (Law Div.1984).

The contents of a notice of claim against a public entity are governed by N.J.S.A. 59:8-4 and N.J.S.A. 59:8-6. N.J.S.A. 59:8-4 provides, in part:

A claim shall be presented by the claimant or by a person acting on his behalf and shall include:
a. The name and post office address of the claimant;
b. The post-office address to which the person presenting the claim desires notices to be sent;
c. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted;
d. A general description of the injury, damage or loss incurred so far as it may be known at the time of presentation of the daim;
e. The name or names of the public entity, employee or employees causing the injury, damage or loss, if known; and
f. The amount claimed as of the date of presentation of the claim, induding the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount daimed.

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Cite This Page — Counsel Stack

Bluebook (online)
695 A.2d 377, 302 N.J. Super. 371, 1997 N.J. Super. LEXIS 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-county-of-burlington-njsuperctappdiv-1997.