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Bryant v. Cumberland Cty.

New Jersey Appellate Division

June 16, 2022

The New Jersey Appellate Division held in a matter of first impression that “service of a Tort Claims Act notice of claim on a county is sufficient when sent to the county clerk rather than the board of county commissioners.” Plaintiff and her husband filed this personal injury action, alleging Cumberland County’s negligence caused her to slip and fall. Rather than answer the complaint, the County moved to dismiss or, in the alternative, for summary judgment, asserting that Plaintiffs failed to comply with the Tort Claims Act’s notice requirements. The County argued that the notice was not served properly because Plaintiffs sent it to the County Clerk instead of the Clerk of the Board of County Commissioners. The trial court granted the County’s motion. The Appellate Division reversed because “the Tort Claims Act failed to identify who it is a claimant must serve with a notice of claim when suing a county.”

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