Our Tort Claims Act provides a very short window for notifying a state entity of a possible cause of action against it. NJSA 59:8-8 requires such notice within 90 days, and NJSA 59:8-9 specifies a period of up to one year to serve a late notice if plaintiff’s counsel can show “extraordinary circumstances.” This is a very broad, intentional, legislative delegation of judicial authority to evaluate reasons for missing the short time period that the state has provided, for its own benefit.

Our Supreme Court just heard argument on a case where the notice of claim for a terrible accident, causing the death of a teacher and his young daughter, was timely served but on the wrong state entity (the Office of Risk Management). After plaintiffs changed lawyers, a notice was served on the proper state entity (the Turnpike Authority) but almost 200 days after the statutory 90-day period expired. When the complaint was filed, the defendant moved to dismiss but the trial judge ruled that “exceptional circumstances” justified late filing of the notice. The Appellate Division reversed, finding no exceptional circumstances, and that the first entity served had no duty to forward the notice to the Turnpike Authority, which is a “quasi-independent agency” and not technically part of the state.