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New Jersey's Tort Claims Act

By Robert E. Spitzer and Patricia M. Wason
July 01, 2016

Is there a bright-line rule for when a claimant (potential plaintiff) is put on notice of a physician's status as a public employee for purposes of New Jersey's Tort Claims Act? The answer may be found in the matter of Biassou v. Fitzsimmons, Docket No. A-2123-13T1 (App. Div. Oct. 22, 2015), in which the trial court and Appellate Division ruled that a plaintiff's claims were barred under the Tort Claims Act for failing to timely file a notice of claim. For accrual purposes of filing a notice of claim, the trial court held, and the Appellate Division affirmed, that as of receipt of the defendant's physician's answer, the plaintiff was on notice of his status as a public employee ' and the claim accrued. Did those rulings create a pragmatic bright-line rule for accrual purposes of the time to file a notice of claim and, if so, were they fair?

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