07-3-2818 W.S. v. Hildreth, N.J. Super. Law Div. (Geiger, J.S.C.) (11 pp.) Plaintiff sought leave to file a late tort claim notice against teacher, school district and others. Plaintiff alleged he was sexually assaulted by a teacher in 1997. He reached the age of 18 in 2004 and told police of his allegations in 2017. Plaintiff alleged he began telling people about the incidents in 2016 because he then felt damaged by the sexual abuse. He did not tell anyone in 1997 because he was embarrassed, ashamed and fearful. The time period to file the claim was tolled until 2004, when plaintiff turned 18. Plaintiff presented no competent, admissible evidence that he lacked the requisite mental capacity for any significant time after the turned 18, let alone until 2016 or thereafter. Plaintiff did not contend that he “discovered” the abuse after years of repression. The cryptic motion record showed no basis for tolling the cause of action beyond plaintiff’s eighteenth birthday. The motion papers also failed to include any medical or psychiatric records or an affidavit of treatment by any physician to demonstrate extraordinary circumstances for his failure to file a timely notice of claim.’
46-2-2819 In the Matter of the Commitment of S.S., N.J. Super. App. Div. (per curiam) (11 pp.) Patient appealed her involuntary civil commitment order. Patient was admitted to a psychiatric unit. While on the unit, she harmed herself and had to be restrained and monitored for safety. Several psychiatrists screened her for temporary involuntary commitment and determined that she was a danger to herself and unwilling to be admitted to a treatment program. A municipal judge ordered an involuntary commitment. Patient asked that the commitment be converted to a voluntary admission. Her covering psychiatrist recommended continued commitment. Patient testified that she knew she needed therapy, that she had been taking her medications and that she wanted to continue as a voluntary patient. The court relied on the opinion of the psychiatrist in denying her request. The court found that the record supported the patient’s argument that her orientation and lack of thought disorganization showed that she had the capacity for a knowing and voluntary application for voluntary status. Patient understood her surroundings and her need for therapy and one-to-one supervision and was taking her prescribed medicine.
