After hearing oral arguments Wednesday, the New Jersey Supreme Court is set to decide whether the family of a teacher and his 5-year-old daughter who were killed in a car accident may sue the New Jersey Turnpike Authority even though a tort claims notice was filed with the wrong state agency.

An attorney representing the family asked the court to reinstate the lawsuit, which was dismissed by the Appellate Division in May 2018.

The court will determine if the lawyer's service of process error amounted to “extraordinary circumstances” sufficient to avoid dismissal based on a late tort claims notice.