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Tobon v. 8894 Tonnele Avenue Corp.

Citations: 267 N.J. Super. 322; 631 A.2d 574; 1993 N.J. Super. LEXIS 775

Court: New Jersey Superior Court Appellate Division; October 7, 1993; New Jersey; State Appellate Court

Narrative Opinion Summary

This case concerns an appeal from a summary judgment that dismissed a personal injury complaint due to the expiration of the statute of limitations under N.J.S.A. 2A:14-2. The plaintiff, injured as a minor, argued that the statute of limitations was tolled until he reached twenty-one, per the understanding from Green v. Auerbach Chevrolet Corp. The Appellate Division initially supported this interpretation, but the Supreme Court later clarified that tolling ends at eighteen, applying this clarification prospectively to avoid penalizing parties based on historical legislative ambiguity. Since the plaintiff's case arose before the Supreme Court's decision, the appellate court reversed the summary judgment, ruling the statute was tolled until the plaintiff's twenty-first birthday. Consequently, the complaint was reinstated, allowing the plaintiff to proceed with the personal injury claim.

Legal Issues Addressed

Prospective Application of Judicial Decisions

Application: The Supreme Court's decision in Green v. Auerbach Chevrolet Corp. was applied prospectively to avoid penalizing parties based on previous legislative ambiguity.

Reasoning: The Supreme Court decided Green on June 3, 1992, reversing the Appellate Division and ruling that tolling ends at age eighteen. However, the Court stated that this decision would apply prospectively only, meaning it affects cases with operative facts arising after the ruling.

Reversal of Summary Judgment

Application: The appellate court reversed the summary judgment based on the prospective application of the Supreme Court's decision, reinstating the complaint.

Reasoning: Consequently, the summary judgment was reversed, and the complaint was reinstated.

Statute of Limitations under N.J.S.A. 2A:14-2

Application: The case assessed the applicability of the two-year statute of limitations for personal injury claims, specifically how it is affected by tolling provisions.

Reasoning: An appeal was made regarding a summary judgment that dismissed a personal injury complaint based on the expiration of the two-year statute of limitations, N.J.S.A. 2A:14-2.

Tolling of Statute of Limitations under N.J.S.A. 2A:14-21

Application: The appellate court evaluated whether the tolling of the statute of limitations extended to the plaintiff's twenty-first birthday.

Reasoning: The statute was tolled until the plaintiff's eighteenth birthday under N.J.S.A 2A:14-21, as amended by N.J.S.A. 9:17B-1 to 3.