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The Statute of Limitations and the Mentally Incapacitated Plaintiff

Statutes of limitations are intended to protect defendants from unexpected enforcement of stale claims by plaintiffs who fail to use reasonable diligence in prosecuting their claims. However, the effects of statutes of limitations have exceptions, primarily based on equitable considerations.

18 minute read October 02, 2014 at 12:00 AM
By
Robert E. Spitzer
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.

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