Tort Claims Act Posts

The Appellate Division Holds that the Notice Period of the Tort Claims Act for a Parent’s Derivative Tort Claim is Tolled Until the Child Notices their Claim

The Appellate Division Holds that the Notice Period of the Tort Claims Act for a Parent’s Derivative Tort Claim is Tolled Until the Child Notices their Claim

On January 20, 2022, the Appellate Division in the Estate of Dunmore v. Pleasantville Bd. of Educ., decided an issue of first impression: whether a parent’s tort claims notice for a Portee claim filed ninety-one days after a tragic shooting and eighty-six days after the child’s death was timely. Portee v. Jaffee, 84 N.J. 88 (1980) (referring to a claim for negligent infliction of emotional distress). Borrowing principles from N.J.S.A. 2A:14-2.1, the Appellate Division concluded that the claim was timely.

 

On November 15, 2019, the respondent, Angela Tennant, and her ten-year-old son, Micah Dunmore, were attending a high school football game at Pleasantville High School when an individual fired a gun into the stands...

DOWNLOADS

RECENT POSTS

Categories

SIGN UP FOR OUR NEWSLETTER

Newsletter

Stay up to date on the latest with Farrell & Thurman, P.C.

Email