A New Jersey federal judge dismissed a complaint filed by the parents of a deceased Seton Hall University student, finding their excuse for missing the statute of limitations window “unpersuasive.”

The case, McCartney v. Seton Hall University, was filed by the parents of Kristen McCartney, who died as a sophomore at the school on September 20, 2021, according to the opinion. McCartney’s parents, Donna Dockery and Sean McCartney alleged wrongful death and gross negligence against the university but did not file their complaint until May 2024—more than two years after the statute of limitations window for personal injury claims had expired.

Judge Susan D. Wigenton, in her written opinion for the U.S. District Court for the District of New Jersey, said that the plaintiffs claimed they were waiting for critical information from the school before filing their complaint. However, Wigenton said the delay was unreasonable since they were represented by an attorney.

“The wrongful death and gross negligence claims are therefore untimely unless an exception to the statute of limitations applies,” Wigenton said. “Plaintiffs argue that three exceptions could apply to this case: substantial compliance, the discovery rule, and equitable tolling.”

Wigenton said none of the three exceptions apply in this case.

McCartney, who suffered from epilepsy, contracted COVID-19 in September 2021 and was isolated in a designated quarantine room. On the last day of her 10-day quarantine, McCartney was alone in the room where she died. McCartney’s parents alleged wrongful death, breach of contract, breach of the covenant of good faith and fair dealing, gross negligence, and fraudulent concealment in their five-count complaint.

The plaintiffs alleged that they sent a letter to Seton Hall University President Joseph E. Nyre which complained about how little information they received about their daughter's death and asked for more information. The letter also requested that the university preserve all evidence related to potential legal claims. However, after they did not hear back, the plaintiffs filed their complaint.

In their June 2024 answer to the complaint, Seton Hall argued that McCartney’s parents filed their claim more than two years after their daughter passed away and that the wrongful death, gross negligence, and fraudulent concealment counts must be dismissed.

As for the breach of contract claim related to the school’s restart plan, Seton Hall argued that it was not a contract between McCartney and the school. Instead, the university alleged the plan was implementing required guidance from the federal government to deal with the COVID-19 pandemic. On the final claim, the breach of the covenant of good faith and fair dealing, the university argued that the complaint failed to plead any breach between the parties.

“To excuse the overt untimeliness of their claim, plaintiffs endeavor to allege that May 23, 2022, is the date their claim accrued; the date they allegedly received decedent’s autopsy report,” Seton Hall argued in their answer. “The case law, however, is clear that the discovery rule does not apply to wrongful death actions.”

Wigenton agreed and held that the wrongful death and gross negligence claims were dismissed for missing the statute of limitations window.

On the breach of contract claim, Wigenton said that when a university makes an administrative or business judgment, courts will not intervene without a showing of bad faith, arbitrariness, or lack of prompt notice, citing a 1991 New Jersey Supreme Court case, Beukas v. Fairleigh Dickinson.

“Courts have applied this standard to universities’ choices to move to remote learning during the pandemic,” Wigenton said.

The judge said that Seton Hall’s restart plan fell under the Beukas standard, which was not met because the plaintiffs did not allege that Seton Hall acted in bad faith, arbitrarily, or without notice.

Wigenton dismissed the case without prejudice and gave the plaintiffs 30 days to file an amended version.

Seton Hall University’s Board of Trustees, Board of Regents, and a director at the school, Diane Lynch, were represented in the matter by Joseph J. McGlone of O’Toole Scrivo. Michael R. DiChiara of Krakower DiChiara represented Nyre. Helen Setton of Nesenoff & Miltenberg represented the plaintiffs. None immediately responded to requests for comment.