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Barron v. Gersten

New Jersey Appellate Division

June 13, 2022

The New Jersey Appellate Division decided a case that dealt with the COVID-19 pandemic’s impact on the statute of limitations in a personal injury matter. The accident occurred on June 21, 2018. The complaint was filed on June 29, 2020, eight days after the expiration of the two-year statute of limitations in N.J.S. 2A:14-2(a). The plaintiff claimed his suit was timely filed because the Supreme Court had tolled the statute of limitations in its June 11, 2020 Fourth Omnibus Order. The Appellate Division disagreed and affirmed the lower court’s order dismissing the claim. The Court ruled that the high court’s order did not add days to the statute of limitations, but just tolled it while the order was pending. Here, the plaintiff filed well after the provisions of the order ended.

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