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WILLIAMS v. ADAMS

189 N.J. Super. 196 (1983)

459 A.2d 707

HAZEL WILLIAMS AND RICHARD WILLIAMS, PLAINTIFFS, v. WILLIAM A. ADAMS, ARTHUR H. THOMAS, STEPHEN A. SILVERN, COUNTY OF ATLANTIC, AND/OR STATE OF NEW JERSEY, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Law Division Atlantic County.

Decided March 8, 1983.

Attorney(s) appearing for the Case

Gregory Mutchko for plaintiff (Goldsmith & Weiss, attorneys).

William J. Linton for defendants (Salvatore Perillo, County Counsel, attorney).

PERSKIE, J.S.C.

This motion poses a heretofore unanswered question concerning the construction of N.J.S.A. 59:9-6(a), a section of the New Jersey Tort Claims Act. The critical issue is whether that section requires dismissal of a suit against a public employee when final judgment is entered in favor of a public entity for failure to comply with the notice of claim requirements of the act.

The underlying suit is a tort action for injuries sustained in...

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