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MENDEZ v. SOUTH JERSEY TRANSP.

Docket Nos. A-3403-09T2, A-3409-09T2

6 A.3d 484 (2010)

416 N.J. Super. 525

Juan S. MENDEZ, Plaintiff-Respondent, v. SOUTH JERSEY TRANSPORTATION AUTHORITY, Defendant, and City of Brigantine, Brigantine Rescue Squad, and Greg Goff, Defendants-Appellants. Colleen Felix, as Guardian Ad Litem for Colleen Curran, Plaintiff-Respondent, v. Juan S. Mendez, South Jersey Transportation Authority, Defendants, and Greg Goff, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 4, 2010.

Attorney(s) appearing for the Case

Erin R. Thompson argued the cause for appellants City of Brigantine, Brigantine Rescue Squad, and Greg Goff in A-3403-09T2 & appellants City of Brigantine and Greg Goff in A-3409-09T2 (Powell, Birchmeier & Powell, attorneys; Donald A. Powell, Tuckahoe, on the brief).

Robert S. Sandman , Atlantic City, argued the cause for respondent Juan S. Mendez in A-3403-09T2 (Hankin, Sandman & Palladino, attorneys; Mr. Sandman, on the brief).

Michael A. Gibson , Linwood, argued the cause for respondent Colleen Felix in A-3409-09T2 (D'Amato Law Firm, attorneys for respondent; Mr. Gibson, on the brief).

Before Judges AXELRAD, R.B. COLEMAN and J.N. HARRIS.

The opinion of the court was delivered by

AXELRAD, P.J.A.D.

We consider whether "extraordinary circumstances" existed for the extension of the ninety-day Tort Claims deadline, N.J.S.A. 59:8-9, where plaintiffs' attorneys waited until they viewed the videotape depicting events relating to the motor vehicle accident, which they diligently requested, before filing the claims notices. The motion judge found such circumstances did exist. We agree.

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