In her first written opinion for the New Jersey Supreme Court, Justice Rachel Wainer Apter held that a child sexual abuse survivor who filed a Child Sexual Abuse Act complaint against a public entity does not need to file a Tort Claims Act notice of claim before filing suit.
According to the opinion, plaintiff W.S. alleged that when he was a student at Myron L. Powell Elementary School in Lawrence Township, his homeroom teacher, Derek Hildreth, sexually assaulted him. The alleged assault took place during the 1996-97 school year when W.S. was in sixth grade. In January 2017, W.S. moved for leave to file a late notice of tort claim, which was denied by the trial court. The motion was denied without prejudice, allowing W.S. to refile with the requirements of N.J.S.A. 59:8-9 within 90 days, but he never did.
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