Twanda Jones, Co-Administrator of the Estate of Abiah Jones and Byron Jones, Co-Administrator of the Estate of Abiah… (New Jersey 2017)

Summary

The Supreme Court of New Jersey reversed the trial court, holding that the Tort Claims Act’s ninety‑day notice requirement bars the Morey defendants’ third‑party contribution and indemnification claims against the charter school Association, but the court also directed that the Morey defendants may present evidence at trial and, if they meet their burden, the jury may allocate fault to the Association with the judgment molded accordingly.

Holding

Whether N.J.S.A. 59:8-8 bars a defendant’s contribution and common‑law indemnification claims against a public entity when no notice of claim is served.. The Tort Claims Act’s notice‑of‑claim provision bars the Morey defendants’ third‑party contribution and common‑law indemnification claims against the Association because no timely notice was served.

Whether the jury may be permitted to allocate a percentage of fault to the Association despite the bar on the third‑party claims.. If the Morey defendants present prima facie evidence of the Association’s negligence and proximate causation, the trial court must instruct the jury to determine fault allocation to the Association and, if fault is found, must mold the judgment to reduce the Morey defendants’ liability by the allocated percentage.

Summary

Holding

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