Supreme Court of New Jersey
Emily v. Kyle, Plaintiff-Appellant, v. Green Acres at Verona, Inc., a Corporation, Defendant-Respondent
February 23, 196544 N.J. 100
Summary
The Supreme Court of New Jersey reversed the summary judgment and remanded for further proceedings, holding that the statute of limitations under N.J.S. 2A:14-21 is tolled when a plaintiff’s insanity is caused by the defendant’s negligence, even if the disability arises after the cause of action accrued. The Court found genuine issues of material fact regarding the timing and causation of the plaintiff’s insanity and therefore barred the defense of limitations. Justice Pkoctob, concurring, disputed the majority’s broad tolling rule, arguing it should apply only when insanity follows the injury so shortly that the plaintiff could not act.