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OWENS v. FEIGIN

No. A-43 September Term 2007

947 A.2d 653 (2008)

194 N.J. 607

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-Respondents, v. Gerald FEIGIN, M.D., Defendant-Appellant, and William D. Bolletino, Jr., William D. Bolletino, Sr., Susan D. Bolletino, Theodore Woodside, Woodside Funeral Home, Honda Corporation, and John Does 1 through 125, Inclusive, Fictitious Named Defendants, Jointly, Severally, and in the Alternative, Defendants.

Supreme Court of New Jersey.

Decided June 3, 2008.

Attorney(s) appearing for the Case

Mark R. Vespole argued the cause for appellant (Tressler, Soderstrom, Maloney & Priess, attorneys; Mr. Vespole and Kathleen Giles, Newark, on the brief).

Clifford L. Van Syoc, Cherry Hill, argued the cause for respondents (Van Syoc Chartered, attorneys).

Karen L. Jordan, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey, (Anne Milgram, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel).

Edward L. Barocas, Legal Director, submitted a brief on behalf of amicus curiae American Civil Liberties Union of New Jersey.

PER CURIAM.

The sole question in this appeal is whether the notice-of-claim requirement in the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, applies to a cause of action under New Jersey's Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2. The trial court originally dismissed plaintiffs' CRA claim for failure to satisfy the TCA's notice-of-claim requirement, but that decision was reversed on appeal. Owens v. Feigin,

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