The New Jersey Appellate Court recently confirmed the importance of filing a timely notice of claim under the Torts Claims Act, even if the plaintiff is appearing pro se.

In Donald Bodine v. City of Elizabeth, the plaintiff filed a lawsuit against the City after he allegedly fell on a negligently maintained sidewalk. Under the New Jersey Torts Claims Act, plaintiffs are required to provide written notice of a tort claim within ninety (90) days. The plaintiff in Bodine did not file a written notice of claim, but did file his complaint within the ninety-day period.  The court found that the complaint did not constitute substantial compliance with the notice requirements of the TCA.  Additionally, the plaintiff failed to file a motion for leave to file a late notice of claim. Although the plaintiff appeared pro-se, the Appellate Court found that the trial judge did all he could to level the playing field by advising the plaintiff of the applicable law.

This decision highlights the importance of confirming that a plaintiff has complied with the notice requirements of the TCA.  If the notice requirements are not met, a motion to dismiss should be immediately filed.

Thanks to Heather Aquino for her contribution to this post.