Brunson v. Affinity Federal Credit Union, A-60 September Term 2008; Supreme Court; opinion by Rivera-Soto, J.; decided May 5, 2009. On certification to the Appellate Division, 402 N.J. Super. 430 (App. Div. 2008). [Sat below: Judges Wefing, Parker and Koblitz in the Appellate Division; Judge Robert Wilson in the Law Division.] DDS No. 14-1-3720 [39 pp.]
An apparent case of identity theft resulting in criminal charges, an indictment, an arrest, and the 13-day incarceration of the wrong person triggered the malicious-prosecution action on appeal, which raises three discrete questions. First, does a claim of malicious prosecution lie in the circumstances presented? Second, is there a cause of action for negligent investigation? And, third, does the plaintiff’s failure to appear for trial constitute sufficient cause to dismiss his complaint?
