In her first written opinion for the New Jersey Supreme Courtroom, Justice Rachel Wainer Apter held {that a} youngster sexual abuse survivor who filed a Little one Sexual Assault Abuse Act (CSAA) grievance towards a public entity, doesn’t must file a Tort Claims Act discover of declare earlier than submitting go well with.
In line with the opinion, plaintiff W.S. alleged that when he was a scholar a at Myron L. Powell Elementary Faculty in Lawrence Township, his homeroom trainer, Derek Hildreth, sexually assaulted him. The alleged assault befell in the course of the 1996-1997 college 12 months when W.S. was in sixth grade. In January 2017, W.S. moved for depart to file a late discover of tort declare, which was denied by the trial court docket. The movement was denied with out prejudice permitting W.S. to refile with the necessities of N.J.S.A. 59:8-9 inside ninety days, however he by no means did.
