Vanderslice v. Stewart

Harold Stewart, a sergeant in Camden County's Fire Police Department, while operating a Camden County vehicle, was involved in a motor vehicle accident with plaintiff Joseph Vanderslice. Plaintiff filed a complaint against defendants Camden County, the Camden County Fire Police Department, and Stewart, alleging personal injuries sustained as a result of the accident. The case was referred to mandatory, non-binding arbitration, as required by our court rules. An arbitration panel determined that defendants were 100% liable for plaintiff s injuries, and awarded $145,970 for noneconomic damages and lost wages. The next day, defendants submitted the required demand forms to the Camden County Arbitration Administrator. Attached to defendants demand was a payment voucher that gave the recipient the right to draw upon Camden County s account with the State Treasury. The Arbitration Administrator signed the voucher and sent it to the State Treasurer for payment. The Treasurer issued a check thirty days after the arbitration award was filed. Thirty-two days after the award, the Arbitration Administrator received the check. However, because the Arbitration Administrator concluded that the check was not received within thirty days of the arbitration award as required by Rule4:21A-6(b)(1), the clerk did not file the demand or deposit the check. Although Rule1:5-6(c)(1)(A) required the clerk to notify defendants of their error, neither the clerk nor the Arbitration Administrator informed defendants of their nonconforming payment. Rather, defendants were alerted that the demand had not been filed when plaintiff moved to confirm the arbitration award and enter judgment. Defendants opposed the motion and asked the trial court to permit a late filing. Concluding that defendants had substantially complied with the court rules, the court permitted the late filing and rejected plaintiff s motion to confirm the award and enter judgment. The case proceeded to trial and the jury returned a verdict of no cause of action in favor of defendants. Plaintiff appealed, arguing that the trial court should not have permitted defendants late filing, and that the arbitration award should have been confirmed and judgment entered for plaintiff. In an unpublished decision, the Appellate Division determined that defendants demand was filed too late, reversed the trial court, and remanded the matter for entry of an order confirming the arbitration award and entering judgment in plaintiff's favor. Upon review, the Supreme Court concluded defendants demand was not filed out of time. The Appellate Division's judgment was reversed and the jury's verdict was reinstated. Because the Court found that defendants notice was timely, it did not reach the issue of the standard for expanding the thirty-day time limit under Rule4:21A-6(b)(1). View "Vanderslice v. Stewart" on Justia Law