KIRK B. SPARKS VS. STATE OF NEW JERSEY (L-1313-18, ATLANTIC COUNTY AND STATEWIDE), A-5905-17T4

Kirk B. Sparks was an Atlantic City police officer who received accidental disability benefits for PTSD stemming from a March 27, 2014 high-speed pursuit involving gunfire.
In November 2015 he took a role with Ramcor simulating realistic gunfire; the State later indicted him (Dec. 7, 2016) for second-degree theft by deception alleging he failed to disclose this employment while collecting disability benefits.
The indictment was dismissed July 6, 2017 for insufficient evidence; however, Sparks’s accidental disability benefits had been revoked and he later sought their restoration.
Sparks asserts he did not return to a normal level of functioning until March 2018 and only then consulted counsel about a malicious-prosecution claim.
In May 2018 he moved for leave to file a late notice of tort claim under N.J.S.A. 59:8-9; the Law Division denied the motion on July 13, 2018, finding no extraordinary circumstances to excuse the 90-day filing deadline.
Sparks appealed; the Appellate Division affirmed, concluding the trial court did not abuse its discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Sparks’s PTSD and related psychological impairments constituted "extraordinary circumstances" under N.J.S.A. 59:8-9 permitting a late notice of tort claim	Sparks: severe anxiety, stress, and depression from the criminal prosecution and pension dispute left him unable to timely pursue counsel or file a notice	State: Sparks was able to contact counsel in other matters, was not confined or incapacitated, and failed to meet the high extraordinary-circumstances threshold	Denied. Court affirmed denial: no abuse of discretion; plaintiff did not show a severe, debilitating, or uncommon impairment preventing timely action and had consulted attorneys in other matters

O'Donnell v. N.J. Tpk. Auth., 236 N.J. 335 (2019) (framework for late notice under N.J.S.A. 59:8-9: extraordinary circumstances, one-year filing, and lack of substantial prejudice)
R.L. v. State-Operated Sch. Dist., 387 N.J. Super. 331 (App. Div. 2006) (trial court discretion in permitting late notice; claimant must show extraordinary circumstances and no substantial prejudice)
Ohlweiler v. Twp. of Chatham, 290 N.J. Super. 399 (App. Div. 1996) (predecessor articulation of the extraordinary-circumstances inquiry)
Allen v. Krause, 306 N.J. Super. 448 (App. Div. 1997) (trial court must make express findings regarding extraordinary circumstances and prejudice)
D.D. v. Univ. of Med. and Dentistry of New Jersey, 213 N.J. 130 (2013) (describes the high threshold for mental impairment: must be severe, debilitating, or uncommon)