A legal malpractice case against a New Jersey attorney over his non-filing of a tort-claims notice, previously thrown out because a judge said the client could have moved ahead anyway, has been reinstated.
The Appellate Division in Murphy v. Shaw overturned Middlesex County Superior Court Judge Arthur Bergman’s ruling that waved off attorney Charles Shaw III’s failure to file the notice. Bergman had found that the client, seeking in the underlying case to sue police, would have been allowed to file out of time had she sought permission to do so.
