In a significant ruling, a New Jersey court declared that delays by state investigators in releasing evidence can’t hinder lawsuits against the government, even when faced with a swift deadline to inform public defendants of en route lawsuits.
This judicial statement arose in the context of a case relating to a 2021 crash on the Atlantic City Expressway toll plaza. Following the accident, which involved three casualties in a vehicle fire, attorneys endeavouring to probe potential suits grappled with a temporal constraint – the official 90-day deadline to notify the state of possible claims.
However, the court ruled in favor of the families of the victims suing the state. It held that the New Jersey State Police, who monitor the highway, taking an extended time to disclose video footage of the accident made it impossible for the claimants to meet the deadline.
Thus, the ruling significantly qualified the extent of the ‘discovery rule’. It held that the obligation of a speedy notice to the state of incoming litigation can be relaxed in situations where the state itself is responsible for withholding essential evidence that is critical for establishing the cause of the accident.
Further details about the ruling from Bloomberg Law here.