D.D. v. University of Medicine and Dentistry of New Jersey, A-29/30 September Term 2011; opinion by Hoens, J.; dissent by LaVecchia, J.; decided March 12, 2013. On appeal from the Appellate Division. [Sat below: Judges Fuentes, Ashrafi and Newman in the Appellate Division; Judge Rivas in the Law Division.] DDS No. 36-1-9289 [61 pp.]
In this appeal, the court considers (1) whether the inattention of counsel retained by a plaintiff, or plaintiff’s medical condition, meet the statutory standard of extraordinary circumstances to excuse an untimely notice of tort claim under the New Jersey Tort Claims Act (TCA); and (2) whether a claim that was reported orally within the 90-day time frame can be found, through the application of the doctrine of substantial compliance, to have been timely filed.
