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Daniel Devinney, left, and Paul daCosta, right, with Snyder Sarno D’Aniello Maceri & daCosta. Courtesy photos

A patient’s battle with COVID-19 meets the standard for extraordinary circumstances required to permit a late filing under the Tort Claims Act, a Hudson County judge has ruled in suits claiming three jail employees got sick on the job.

The rulings shed light on how COVID-19-based claims can be expected to be treated under notice requirements of the TCA. The rulings also allow the cases to proceed against Hudson County and various individual employees, even though plaintiffs failed to file a tort claims notice within 90 days of the accrual of a claim.

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Charles Toutant

Charles Toutant is a litigation writer for the New Jersey Law Journal.

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