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The Statute of Limitations and the Mentally Incapacitated Plaintiff
On Oct. 13, 2009, plaintiff, Jonathan Smart (“Jonathan”) was driving westbound on Breakneck Road, which is a two-lane road located in Bridgewater, NJ. At the same time, Veronica West (“Veronica”) was traveling eastbound on Breakneck Road. As her car approached him, Veronica observed Jonathan's vehicle veer to the right, then suddenly make a 90-degree turn across the center lane, directly in Veronica's path. Veronica, who was speeding and texting, did not have time to react to the sudden event. The front of her vehicle hit the passenger-side door of Jonathan's car. The impact was immense, but since Veronica was in a SUV, while Jonathan was in a mini-cooper, Veronica was left unharmed. There was little left of Jonathan's vehicle.
Jonathan was air-lifted to Hopewell Hospital, where he arrived in a comatose state. Although he survived, Jonathan never regained consciousness.
Given that Veronica admitted to the police that she had been texting and speeding, she pleaded guilty to a citation of reckless driving. Two years after the incident, Jonathan's father, Jason Smart (“Mr. Smart”), was appointed as Guardian ad Prosequendum . Once appointed Guardian, Mr. Smart contemplated filing a lawsuit against Veronica.
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