Daniel Devinney, left, and Paul daCosta, right, with Snyder Sarno D'Aniello Maceri & daCosta. Courtesy photos Fighting Off COVID-19 a Valid Reason for Late Tort Claims Notice, Judge Rules
The judge cited an omnibus order from the Supreme Court directing courts to "accommodate the legitimate needs of parties, in recognition of the pervasive and severe effects of the COVID-19 public health crisis."
May 04, 2021 at 04:42 PM
5 minute read
A patient's battle with COVID-19 meets the standard for extraordinary circumstances required to permit a late filing under the Tort Claims Act, a Hudson County judge has ruled in suits claiming three jail employees got sick on the job.
The rulings shed light on how COVID-19-based claims can be expected to be treated under notice requirements of the TCA. The rulings also allow the cases to proceed against Hudson County and various individual employees, even though plaintiffs failed to file a tort claims notice within 90 days of the accrual of a claim.
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