IACONIANNI v. N.J. TURNPIKE AUTH.


236 N.J. Super. 294 (1989)

565 A.2d 1084

JOHN IACONIANNI, ADMINISTRATOR OF THE ESTATE OF FRANK IACONIANNI, DECEASED, AND GLORIA IACONIANNI, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. NEW JERSEY TURNPIKE AUTHORITY, DEFENDANT-APPELLANT, AND RAYMOND E. LORD, KENT M. MONTGOMERY, C & D ENTERPRISES AND GRAYSON MITCHELL, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 19, 1989.


Attorney(s) appearing for the Case

No one argued the cause for appellant. (Donington, Leroe, Salmond & Luongo, attorneys for appellant New Jersey Turnpike Authority; Susan G. Rankin on the brief).

Robert T. Ford argued the cause for respondent (Russo, Courtney, Foster, Secare, Tassini & Ford, attorneys for respondents; Robert T. Ford on the brief).

Before Judges J.H. COLEMAN and SKILLMAN.


The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

In this case involving an action for wrongful death and survival, the key issue raised is whether a notice of claim was given to the New Jersey Turnpike Authority (Turnpike Authority) "within 1 year after the accrual of [the] claim" within the meaning of N.J.S.A. 59:8-9. The trial court held that notice of claim should be permitted more than one year after the accident and death. We disagree...

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