(Download) "Newberry v. Pemberton" by Superior Court of New Jersey Appellate Division * Book PDF Kindle ePub Free

June 23, 2021

eBook details

Title: Newberry v. Pemberton
Author : Superior Court of New Jersey Appellate Division
Release Date : January 07, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 45 KB

Description

This is a tort claims case in which we are required once again to consider the relationship between N.J.S.A. 59:8-4, which prescribes the required contents of a notice of claim, and N.J.S.A. 59:8-6, which permits public entities to adopt their own tort claim forms. Disagreeing with Wood v. County of Burlington, 302 N.J. Super. 371 (App. Div. 1997), we hold that the notice of claim must be deemed to have been timely filed within the ninety-day period prescribed by N.J.S.A. 59:8-8 if the claimant provides the public entity with notice substantially complying with N.J.S.A. 59:8-4 whether or not the public entity has adopted its own claim form pursuant to N.J.S.A. 59:8-6, provided that the completed adopted form is filed within a reasonable time thereafter.