Lugo v. Kennedy and Pennsauken Board of Education – N.J. Super. – (App. Div. 2012)

Practice Areas: Public Entity and Civil Rights Litigation, School/Municipal Leaders' Liability

Plaintiff appealed the trial court’s dismissal of her complaint against the Pennsauken Board of Education on account of failing to file a timely notice of claim pursuant to the Tort Claims Act as well as plaintiff’s failure to institute suit within two years of the accident pursuant to N.J.S.A. 2A:14-2. The Appellate Division held that tolling of the 90-day timeframe was not warranted as plaintiff did not conduct a reasonable investigation of her employment status and therefore she did not demonstrate “extraordinary circumstances” justifying tolling of the 90-day time limit. The Appellate Division further reasoned that plaintiff did not file suit within two years of the happening of the accident nor did she file a motion for leave to file a late notice of claim requiring dismissal of her complaint.

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