Panagioti L. Giannakopoulos v. Mid State Mall
106 A.3d 507
| N.J. Super. Ct. App. Div. | 2014Background
- On May 19, 2008 plaintiff suffered catastrophic injuries when a car struck his motorcycle; he underwent major surgery and an extended coma and long-term heavy medication.
- Two days after the accident plaintiff allegedly signed a durable power of attorney (POA) naming his brother; a friendly hearing approving a settlement with the tortfeasor's insurer occurred in January 2009 without plaintiff present and with counsel representing plaintiff as mentally competent.
- Plaintiff filed a timely negligence complaint against MidState on May 19, 2010; an amended pleading adding unnamed John Doe defendants was filed after the two-year limitations period and service attempts by FedEx to the mall premises were unsuccessful or disputed.
- The case was dismissed for lack of prosecution in December 2010; plaintiff filed a new complaint in July 2011 naming MidState, Maser Consulting, P.A., and engineer Zelina; plaintiff's counsel moved to reinstate the original complaint and to toll the statute of limitations due to plaintiff's alleged mental incapacity.
- Judge Kravarik reinstated the original complaint, tolled the statute of limitations through April 4, 2012, and appointed plaintiff's brother guardian ad litem for the suit; later a different judge granted MidState's reconsideration motion and entered judgments dismissing claims against MidState and granting summary judgment to Maser on statute-of-limitations grounds.
- On appeal the panel found the second judge misapplied Rule 1:13-7(a) and erred in resolving the tolling/competency issue without a N.J.R.E. 104 evidentiary hearing, reversed dismissal of MidState, vacated Maser summary judgment, and remanded for further proceedings including an evidentiary hearing on tolling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint against MidState should have been dismissed for lack of timely service/reinstatement under R.1:13-7(a) | Reinstate original timely-filed complaint; attorney's service error should not penalize incompetent/seriously injured plaintiff | Service was ineffective; plaintiff failed to show exceptional circumstances or lack of prejudice to defendant | Reversed dismissal; reinstatement appropriate under good-cause standard; exceptional-circumstances standard inapplicable because Maser was not yet properly served |
| Whether the statute of limitations was tolled by plaintiff's mental incapacity (N.J.S.A. 2A:14-21) | Plaintiff was incapacitated (expert and lay testimony) from accident/after surgery; statute tolled | Plaintiff had counsel and the friendly hearing representation; counsel's statement that plaintiff was competent estops tolling; delay prejudiced defendants | Trial judge erred by resolving competency without an N.J.R.E. 104 hearing; evidence created material factual dispute; remand for evidentiary hearing to determine tolling |
| Whether plaintiff is judicially estopped by unsworn counsel statements at friendly hearing | Friendly hearing was non-adversarial to protect plaintiff and daughter; unsworn counsel representation should not preclude tolling | Counsel's representation to the court that plaintiff was competent binds plaintiff | Judicial estoppel inappropriate here; unsworn friendly-hearing statements insufficient to defeat tolling claim without evidentiary hearing |
| Whether claims against out-of-time defendant (Maser) relate back to original filing | Tolling of limitations would permit relation back; plaintiff's incapacity excused delay | Maser had no prior notice; relation back fails absent tolling | Summary judgment for Maser vacated; relation-back/l tolling unresolved — remand for evidentiary hearing on incapacity and tolling |
Key Cases Cited
- Town of Kearny v. Brandt, 214 N.J. 76 (de novo review of summary judgment and dismissal issues)
- Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (standard for reviewing facts in favor of non-moving party on summary judgment)
- Unkert v. Gen. Motors Corp., 301 N.J. Super. 583 (tolling/guardian appointment implications for incapacitated plaintiffs)
- Kyle v. Green Acres at Verona, Inc., 44 N.J. 100 (equitable tolling when defendant's negligence brings about plaintiff's insanity)
- Sobin v. M. Frisch & Sons, 108 N.J. Super. 99 (concussion/unconsciousness as "insanity" for tolling statute)
- Estate of Nicolas v. Ocean Plaza Condo. Ass'n, Inc., 388 N.J. Super. 571 (admissibility of lay and expert evidence on incapacity and need for evidentiary hearing)
- Baskett v. Kwokleung Cheung, 422 N.J. Super. 377 (liberal reinstatement standard under Rule 1:13-7(a) when no fault or prejudice)