The Sidewalk Claim, the Missing Notice, and the Wrong Court
Marisol is a paralegal at a plaintiff’s firm in Trenton. A new client, Mr. Okafor, tripped on a raised sidewalk panel in front of the Trenton municipal building on November 2, 2023. He fractured his wrist; medical bills are $9,800 and lost wages $2,000. He wants to sue the city for $11,800. The firm’s attorney asks Marisol to “get the complaint filed in the Superior Court, Law Division, by Friday” and to “check the court fee.” Marisol knows the client first consulted the firm on February 14, 2024. She also sees a note in the file: “No TCA notice sent.” The attorney says the city’s insurance adjuster offered $4,000 and wants a response. Marisol must decide whether to prepare the complaint, what court, and what notice issue exists.
1. What Tort Claims Act step is missing, and what is the relevant deadline? Can the firm simply file the complaint by Friday?
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The firm cannot simply file the complaint. The client’s claim is against a public entity, the City of Trenton. Under N.J.S.A. 59:8-8, a claimant must present a notice of claim to the public entity within 90 days after the claim accrues. The fall was November 2, 2023, so the 90-day period expired around January 31, 2024. The client first consulted on February 14, 2024, after the notice deadline. Under N.J.S.A. 59:8-9, the claimant may move for leave to file a late notice within one year after accrual, but the motion must be filed and the court must find reasons. Filing the complaint without leave would expose the case to dismissal. Marisol should calendar the one-year date around November 2, 2024, prepare a draft late-notice motion and affidavit, and flag the issue to the attorney immediately.
2. Assuming the notice problem is cured, which court should the firm use for an $11,800 claim, and why? Does the answer change because the defendant is a city?
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The Special Civil Part of the Superior Court, Law Division, is the proper track because the damages are $11,800, within the $15,000 Special Civil Part limit. The Superior Court Law Division’s general civil part is for claims above that limit; filing there would be unnecessary and may draw a transfer. The fact that the defendant is a city does not change the monetary track, but it does mean the Tort Claims Act notice and any applicable immunity defenses apply. The firm should not assume the city’s status gives it a pass on notice. The complaint caption should identify the public entity properly. Marisol should verify the current fee and filing method on the court’s website, because those details change.
3. The adjuster offers $4,000. The attorney is in another trial. What may Marisol tell the client, and what should she do with the offer?
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Marisol may acknowledge the offer, confirm the amount and any deadline, and tell the client she will relay it to the attorney. She may not advise whether to accept or reject it, evaluate the claim, or predict a result. She should calendar the offer’s expiration, put the adjuster’s communication in the file, and send the attorney a concise summary. She should tell the client: “I can’t give you legal advice. I’ve sent this to your attorney, who will call you.” If the client pressures her, she should empathize but repeat that the attorney must advise. This respects RPC 5.5 and the firm’s supervision policy. She should also make sure the client knows the Tort Claims Act issue may affect the case, but only the attorney should explain it.