Timothy Scruggs v. Nj Transit Corporation

── Timothy Scruggs v. Nj Transit Corporation ── Court: New Jersey Superior Court Appellate Division Date: May 13, 2026 Category: General NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2605-24 TIMOTHY SCRUGGS, Plaintiff-Appellant, v. NJ TRANSIT CORPORATION d/b/a NJ TRANSIT and ERIC GONZALEZ, Defendants-Respondents. ____________________________ Submitted January 22, 2026 – Decided May 13, 2026 Before Judges Currier and Berdote Byrne. On appeal from the Superior Court of New Jersey, Law Division, Camden County, Docket No. L-2797-24. Joseph P. Grimes, LLC, attorney for appellant (Patrick J. Grimes, on the brief). Anderson Law Office, LLC, attorneys for respondents (Jessica M. Anderson and Samuel K. Weathers, on the brief). PER CURIAM  Plaintiff Timothy Scruggs appeals from the trial court's March 14, 2025 order dismissing his complaint against defendants for failure to file a timely complaint under the New Jersey Tort Claims Act (TCA), specifically N.J.S.A. 59:8-8(b) and 59:8-9. On appeal, plaintiff contends the court erred in not applying the doctrine of equitable tolling to permit the late complaint. However, the language of the TCA is clear and unforgiving that "in no event may any suit against a public entity or a public employee . . . be filed later than two years from the time of the accrual of the claim." N.J.S.A. 59:8-9 (emphasis added). We affirm. I. On August 5, 2022, plaintiff boarded a bus in Philadelphia owned by public entity NJ Transit Corporation (NJT) and operated by Eric Gonzalez, an NJT employee. Plaintiff alleges that as he walked down the aisle, the bus suddenly started moving forward, and he lost his balance and fell onto a broken bus seat and then the floor, sustaining injuries. Two years later, on August 5, 2024, plaintiff filed a complaint in the Court of Common Pleas, in Philadelphia County, Pennsylvania, against defendants for damages incurred as a result of defendants' negligent actions. The Pennsylvania matter was still pending at the time of the briefing in this case. A-2605-24 2  On September 24, 2024, plaintiff filed a complaint in the Superior Court of New Jersey, alleging breach of express/implied warranty, violation of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -227, and negligence in failing to warn plaintiff of a dangerous condition. Defendants moved to dismiss, arguing that plaintiff's claim was barred by the statute of limitations under N.J.S.A. 59:8-9 and N.J.S.A. 59:13-5(b) of the New Jersey Contractual Liability Act (CLA). The court denied the motion, finding the statute of limitations was equitably tolled by the prior filing in Pennsylvania. Defendants moved for reconsideration, arguing that the trial court had mistakenly applied the equitable remedy. The court found that the TCA was to be strictly construed and there was no provision to permit equitable tolling. Therefore, plaintiff's complaint was untimely as it was not filed within two years after the cause of action accrued—the date of the accident. The court granted defendants' motion for reconsideration and dismissed the complaint. II. On appeal, plaintiff asserts the equita