In Walker v. Choudhary, the Appellate Division held that a dismissal of claims against an employee on the basis of the statute of limitations is not an adjudication “on the merits” which bars suit against the principal for a claim grounded in respondeat superior. No. A-1425-10T1, 2012 N.J. Super. LEXIS 44 (N.J. App. Div. Mar. 30, 2012).
Prior to the Walker decision, New Jersey case law was silent on this narrow issue. The court reversed the trial court’s grant of summary judgment to the principals as well as the employee and remanded to the trial court for a hearing to determine whether the “relation-back” doctrine, Rule 4:9-3, saves the plaintiff’s claim and, if not, whether in the interest of justice, the rule should be relaxed.
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