In a recent decision, the New Jersey Appellate Division issued a ruling in favor of a defendant, reversing and remanding an Essex County Superior Court ruling that confirmed an arbitration award and denied a plaintiff’s request for a trial de novo. The case involved Sammerah Tutt, the plaintiff, who alleged that she had slipped and fallen on ice or snow at a property owned by the defendant, Parker 149. She alleged that the company was negligent in its snow and ice removal.
At nonbinding arbitration held in June 2022, an arbitrator awarded Tutt $37,500. However, Parker 149 later moved for a trial de novo, which the Law Division clerk refused to accept as it was deemed untimely. A dispute arose over whether the 30-day period for a trial de novo request commences when the arbitrator has filed the written award with the court, or when the court provides a copy of the award to the parties.
In an unpublished opinion, the appeals court disagreed fundamentally with both Tutt’s interpretation of the relevant rules and the lower court’s conclusion that the New Jersey Supreme Court’s precedence had been abrogated by a minor rule change. They guided that the decision to seek a trial de novo should be based on the actual award filed with the court, rather than the oral representation of the award by the arbitrator prior to filing. This is key as potential variances could exist between the oral and formal written award.
The court concurred with the defendant that the 30-day period began to run from when the defendant received the filed arbitration award from eCourt, which in this case, was June 15, 2022. “We are nevertheless satisfied these facts do not warrant deviation from the principles we have discussed, as our interpretation of the Rules confirms a party seeking a trial de novo should base their decision on the actual award filed with the court”, according to the opinion.
Commenting on the ruling, the defendant’s counsel expressed satisfaction saying the appeals court’s logical application of the court rules provides clarity to an issue that could come up again in legal matters.