eNotes: Liability – March 2025 – New Jersey

SIGNIFICANT CASE SUMMARIES

New Jersey Case Summary

Griffin v. City of Newark
New Jersey Superior Court of, Appellate Division
2025 N.J. Super. Unpub. LEXIS 234

Decided: February 14, 2025

Appellate Division affirms that where there were no obstacles preventing a claimant’s first attorney from serving a timely notice of tort claim, a subsequent attorney’s prompt remedial actions are insufficient to constitute extraordinary circumstances.

Background

Plaintiff (deceased) sustained fatal injuries by the hand of a police officer during the course of a high-speed car chase on the streets of Newark. The officer shot into Plaintiff’s moving vehicle, which had dark window tint. Upon his death, Plaintiff’s Estate retained an out of state attorney with no relevant personal injury experience, who initially advised there was no claim to be pursued against the police department or the City, and that any attempt to request information surrounding the shooting from the police department or City was futile, as, according to Plaintiff’s initial counsel, they were unlikely to release any pertinent information during an ongoing investigation.

Subsequently, the police officer who fatally shot Plaintiff was criminally indicted for unlawfully/recklessly causing Plaintiff’s death. Eventually, Plaintiff’s Estate retained new counsel, but not until after the ninety-day statutory deadline to provide notice of a personal injury claim to the alleged tortfeasor(s) pursuant to New Jersey law.

Holding

Even if Plaintiff’s first counsel did not know the identity of the officer responsible for the shooting incident, counsel should have tried to gather more information and timely served notice on the police department and City of Plaintiff’s claim pursuant to New Jersey’s notice requirement in tort cases.

Questions about this case can be directed to Jayden Peters at (908) 589-7518 or jpeters@tthlaw.com.