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OWENS EX REL. OWENS v. FEIGIN

925 A.2d 106 (2007)

394 N.J. Super. 85

Brian Scott OWENS, Sr., and Shannon Eileen Owens, Husband and Wife, as individuals, as Guardians Ad Litem for their minor children, Brian Scott Owens, Jr., B. Montana Owens, and Lane Finley Owens, as General Administrators of the Estate of Matthew Owens, and as Administrators Ad Prosequendum for the Estate of Matthew Owens, Deceased, Plaintiffs-Appellants, v. Gerald FEIGIN, M.D., Defendant-Respondent, and William D. Bolletino, Jr., William D. Bolletino, Sr., Susan D. Bolletino, Theodore Woodside, Woodside Funeral Home, Honda North America, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 2007.

Attorney(s) appearing for the Case

Clifford L. Van Syoc, Cherry Hill, argued the cause for appellants (Van Syoc Chartered, attorneys; Sebastian B. Ionno, on the brief).

Maureen Le Pochat, Newark, argued the cause for respondent (Tressler, Soderstrom, Maloney & Priess, attorneys; Ms. Le Pochat and Mark R. Vespole, on the brief).

Before Judges KESTIN, WEISSBARD and GRAVES.

The opinion of the court was delivered by

WEISSBARD, J.A.D.

This interlocutory appeal presents the narrow, but important, question of whether the notice requirements of the Tort Claims Act (TCA), N.J.S.A. 59:1-1, apply to claims asserted under the New Jersey Constitution and the New Jersey Civil Rights Act of 2004(CRA), N.J.S.A. 10:6-2. We conclude that the TCA does not apply. As a result, the dismissal of plaintiffs' action must be reversed...

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