Multiple Tries at Getting Videos from State Merits Extra Time to File Claim

Failed attempts to obtain videotapes of an accident purportedly involving a state vehicle can constitute extraordinary circumstances warranting extension of the tort claims act's 90 day notice, according to a recent state appeals court decision. "What constitutes extraordinary circumstances is not statutorily defined and is determined on a case-by-case basis," the Appellate Division said this past Thursday in finding that a trial judge who granted the extension did not abuse her discretion. The precedential ruling came in consolidated appeals Mendez v South Jersey Transportation Authority and Felix v Mendez A – 3403/3409 –09, 36 –2 – 9962. This case stems from a March 2009 automobile accident.

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