Floyd R. Giles, Plaintiff-Respondent v. Frederick J. Gassert, Jr.

Summary

The Supreme Court of New Jersey affirmed the lower courts, holding that the statutory notice deferment for physical incapacity applies in hit‑and‑run cases even when the wrongdoer is unknown, that a personal representative may give the required notice, that the plaintiff satisfied the statutory "all reasonable efforts" requirement, and that the post‑enactment amendment to §18 does not retroactively alter the applicable requirements. The Court interpreted the statute liberally to further its remedial purpose and rejected an arbitrary distinction between known and unknown tortfeasors.