SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2529-17T2

GREGORY GOOTEE,

Plaintiff-Appellant,

v.

CITY OF JERSEY CITY, 

Defendant-Respondent.

Argued January 16, 2019 – Decided April 2, 2019

Before Judges Koblitz, Currier and Mayer. 

On appeal from Superior Court of New Jersey, Law 

Division, Hudson County, Docket No. L-3603-17.

Gary J. Brascetta argued the cause for appellant 

(Lowenthal & Abrams, PC, attorneys; Jeffrey F. Parker, 

on the briefs). 

Maura E. Connelly, Assistant Corporation Counsel, 

argued the cause for respondent (Peter J. Baker, 

Corporation Counsel, attorney; Maura E. Connelly, on 

the brief).

PER CURIAM

NOT FOR PUBLICATION WITHOUT THE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.
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In this action arising out of a trip and fall, we consider whether the Notice 

of Claim (Notice) presented by plaintiff Gregory Gootee substantially complied 

with the requirements of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-

1 to 59:12-3. The trial court found it did not. After reviewing the record in light 

of the applicable principles of law, we are satisfied plaintiff substantially 

complied with the requirements of the TCA, and we reverse.

In November 2016, plaintiff sustained injuries after tripping and falling

on "poorly repaired" pavement while walking to his car. A month later, plaintiff 

served a Notice on defendant City of Jersey City. The letter stated: "[Plaintiff] 

tripped and fell due to a hole in the street at approximately the 300 block of 

Jersey Avenue, just [s]outh of Jersey Light Railway Station and Jersey City 

Medical Center." 

Six days later, on December 19, 2016, defendant, through its third party 

claims administrator, sent a letter to plaintiff's counsel seeking additional 

information about the claim and requesting plaintiff complete an eight page 

document entitled "CLAIM FOR DAMAGE AGAINST THE CITY OF JERSEY 

CITY." Plaintiff returned the completed forms on January 5, 2017. 

In response to questions on defendant's form, plaintiff stated the location 

of the accident occurred at the "[e]ast side of Jersey Avenue, between Jersey 
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City Medical Center [and] Railway Station." In answer to the description of the 

accident, plaintiff wrote: "[He] was walking to his car which was parked [s]outh 

of Jersey Light Railway station when he tripped and fell due to poorly repaired

roadway." The form also asked plaintiff to draw a detailed diagram of the area 

of the accident and "[m]ark 'X' at the exact spot of the occurrence." Plaintiff

wrote, "[t]o be provided." 

On March 24, 2017, defendant's claims administrator sent plaintiff a letter 

denying his claim for damages. The letter stated: "Our investigation reveals that 

our insured had no prior notice of any problems or defects with the location of 

loss, therefore, we must respectfully deny your claim for damages." 

After plaintiff instituted suit, defendant moved to dismiss the complaint 

in lieu of filing an answer, for failing to comply with the requirements of the 

TCA. Although defendant confirmed investigating the allegations, it argued it 

could not undertake a "proper investigation" because plaintiff failed to provide 

a sufficiently detailed description of the accident's location. Plaintiff responded 

that he substantially complied with the requirements of the TCA both in his

Notice and responses to defendant's personalized claim notice.

In an oral decision of December 1, 2017, the trial judge found plaintiff did 

not provide a sufficient description of the accident's location to conform to the
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notice of claim requirements of the TCA.1 The subsequent motion for 

reconsideration was denied on January 19, 2018. This appeal followed.

Although defendant presented its application as a motion in lieu of an 

answer, defendant advised it was relying on "matters outside of the pleadings 

provided," and therefore the court should consider the motion under the 

summary judgment standard. See R. 4:6-2(e).2 We agree.

A court should grant summary judgment if the record establishes there is 

"no genuine issue as to any material fact challenged and that the moving party 

is entitled to a judgment or order as a matter of law." R. 4:46-2(c). We consider 

the facts in the light most favorable to plaintiff, as the non-moving party, and 

make all reasonable inferences in his favor. Brill v. Guardian Life Ins. Co. of 

Am., 142 N.J. 520, 540 (1995).

Here, as before the trial judge, plaintiff argues he substantially complied 

with N.J.S.A. 59:8-4 because the information he gave in the Notice and the 

subsequent forms regarding the location of the incident provided defendant with 

sufficient information to investigate the allegations and either resolve the claim 

 

1

 The memorializing order was dated December 4, 2017.

2

 As the trial judge did not refer to either Rule 4:6-2 or Rule 4:46-1 in his 

determination, it is unclear which standard governed his ruling.
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or prepare a defense. We turn then to the TCA and the notice of claim 

requirements. 

The TCA provides "broad but not absolute immunity for all public 

entities." Jones v. Morey's Pier, Inc., 230 N.J. 142, 154 (2017) (quoting 

Marcinczyk v. N.J. Police Training Comm'n, 203 N.J. 586, 597 (2010)). The

TCA is intended "to bring uniformity to the law in this State with respect to 

sovereign immunity to tort claims enjoyed by public entities." Ibid. (quoting 

Tryanowski v. Lodi Bd. of Educ., 274 N.J. Super. 265, 268 (Law Div. 1994)). 

The TCA's "guiding principle" is that "immunity from tort liability is the general 

rule and liability is the exception." Ibid. (quoting Coyne v. Dep't of Transp., 

182 N.J. 481, 488 (2005)).

"The Act bars civil actions against public entities unless certain 

procedures are strictly followed." Lebron v. Sanchez, 407 N.J. Super. 204, 213 

(App. Div. 2009) (citing N.J.S.A. 59:8-3). A claimant may not bring suit against 

a public entity unless the claimant presents the public entity a Notice within 

ninety days after the cause of action accrues. N.J.S.A. 59:8-7; N.J.S.A. 59:8-8. 

The Notice must provide certain specified information, including the "date, 

place and other circumstances of the occurrence . . . which gave rise to the claim 

asserted" and a "general description of the injury, damage or loss incurred so far 
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as it may be known at the time of presentation of the claim." N.J.S.A. 59:8-4; 

see also D.D. v. Univ. of Med. & Dentistry of N.J., 213 N.J. 130, 159 (2013).

A public entity may request more information from the claimant through a

personalized notice form. N.J.S.A. 59:8-6.

The notice requirements, however, are "not intended as 'a trap for the 

unwary.'" Lebron, 407 N.J. Super. at 215 (quoting Lowe v. Zarghami, 158 N.J. 

606, 629 (1999)). The Supreme Court has recognized the notice requirements 

are "more properly denominated as a notice of injury or loss." Beauchamp v. 

Amedio, 164 N.J. 111, 121 (2000). Therefore, "substantial rather than strict 

compliance with the notice requirements of the Act may satisfactorily meet the 

statute's mandates." Lebron, 407 N.J. Super. at 215. 

In the context of the TCA, the substantial compliance doctrine "has been 

limited carefully to those situations in which the notice, although both timely 

and in writing, had technical deficiencies that did not deprive the public entity 

of the effective notice contemplated by the statute." D.D., 213 N.J. at 159; see 

also Henderson v. Herman, 373 N.J. Super. 625, 637-38 (App. Div. 2004) 

(finding substantial compliance where plaintiff's Notice provided enough 

identifying information of the defendants, even without providing their names);

Tuckey v. Harleysville Ins. Co., 236 N.J. Super. 221, 225-26 (App. Div. 1989) 
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(finding substantial compliance when the public entity investigated the incident 

within forty-eight hours of the occurrence); but see Navarro v. Rodriguez, 202 

N.J. Super. 520, 522 (Law Div. 1984) (finding the plaintiff who failed to answer 

most of the questions on the personalized Notice did not establish substantial 

compliance). 

To warrant application of the doctrine, the moving party must show:

(1) the lack of prejudice to the defending party; (2) a 

series of steps taken to comply with the statute 

involved; (3) a general compliance with the purpose of 

the statute; (4) a reasonable notice of [a plaintiff's] 

claim; and (5) a reasonable explanation why there was 

not strict compliance with the statute.

[Ferreira v. Rancocas Orthopedic Assocs., 178 N.J. 

144, 151 (2003) (quoting Galik v. Clara Maass Med. 

Ctr., 167 N.J. 341, 353 (2001)).]

Here, plaintiff substantially complied with N.J.S.A. 59:8-4. To establish 

prejudice, defendant must show "[m]ore than a sweeping generalization." 

Lebron, 407 N.J. Super. at 220 (citing Leidy v. Cty. of Ocean, 398 N.J. Super. 

449, 463 (App. Div. 2008)). Defendant argues that without a diagram, it had 

"no idea where the accident occurred" and because two years had passed since 

the fall, the road may have been repaired, and it would "never know the actual 

condition which may have caused plaintiff's fall." 
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In the Notice, plaintiff stated the incident occurred at "approximately the 

300 block of Jersey Avenue, just [s]outh of Jersey Light Railway Station and 

Jersey City Medical Center." Similarly, in the personalized notice form, 

plaintiff indicated the location of the accident occurred at the "[e]ast side of 

Jersey Avenue, between Jersey City Medical Center [and] Railway Station." 3 

Upon receipt of this description defendant could, and did, conduct an 

investigation. There was no showing defendant was prejudiced as it was able to 

investigate the location of the fall from the information it received within weeks 

of the accident.

Plaintiff has also demonstrated he took a series of steps to comply with 

the statute. N.J.S.A. 59:8-4(c) requires the claimant to provide information that 

will "permit the public entity [to] promptly . . . investigate the claim." Newberry 

v. Twp. of Pemberton, 319 N.J. Super. 671, 680 (App. Div. 1999). Plaintiff 

timely completed both the Notice and personalized Notice.4 Plaintiff described 

a dangerous condition on Jersey Avenue, between the two major landmarks 

 

3

 Defense counsel stated the landmarks encompass almost a city block.

4 N.J.S.A. 59:8-6 does not require a claimant to provide the supplemental 

information within ninety days of the accrual of the claim, instead, this 

information must be submitted within a reasonable time after receiving the form. 

Henderson, 373 N.J. Super. at 637. Here, plaintiff submitted both the Notice 

and personalized form within ninety days of the accrual of the claim. 
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listed in both Notices to defendant. This location, although not exact, provided

"sufficient facts to prompt [defendant's] investigation of its potential liability." 

Lebron, 407 N.J. Super. at 217. In fact, defendant conducted an investigation 

prior to its denial of liability letter. Therefore, defendant had enough 

information to investigate Jersey Avenue for a defect on the road.

With the information provided, plaintiff placed defendant on notice of his 

claim in compliance with purpose of the TCA. Plaintiff timely completed both 

Notices, giving defendant ample time to evaluate its liability, investigate the 

claim, and, if necessary, request additional information in an attempt to resolve 

the claim or prepare a defense. 

Significantly, defendant did not alert plaintiff of any deficiencies in the 

Notice or supplemental forms, and therefore it was reasonable for plaintiff to 

assume compliance with the statute. A "claimant has the right to assume that 

the information as given has been considered by the governmental entity to be 

sufficient for its purposes." Murray v. Brown, 259 N.J. Super. 360, 365 (Law 

Div. 1991). "If deficiencies in the notice were uncovered, justice and fairness 

require plaintiff to be advised, not ignored." Lebron, 407 N.J. Super. at 219

(citing Murray, 259 N.J. Super. at 365). 
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Here, plaintiff sent the Notice letter to defendant in December 2016. Less 

than a week later, defendant's claims administrator requested additional 

information and the completion of defendant's personalized notice form in order 

to conduct an investigation. Shortly thereafter, on January 5, 2017, plaintiff 

completed the requested documents. There was no further communication from 

defendant until March 2017, when it denied plaintiff's claim for damages 

because defendant "had no prior notice of any problems or defects" on Jersey 

Avenue. This denial of liability letter did not state the Notice was defective, nor 

that it could not investigate the allegations because of a lack of specificity of the 

location. Rather, it stated defendant was unaware of the alleged dangerous 

condition on Jersey Avenue. As a result, it was reasonable for plaintiff to 

believe the information provided to defendant was sufficient and in compliance 

with the statute. 

Plaintiff supplied a timely Notice and answered defendant's personal 

Notice form, in which he provided sufficient information for defendant to 

investigate the allegations of his claim. Defendant did not communicate any 

deficiency in the Notices, or that it lacked sufficient information to investigate 

the claim. To the contrary, an investigation was conducted and defendant 

advised, in its denial of the claim, that it had no prior notice of any defect on 
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Jersey Avenue. As a result, we are satisfied plaintiff substantially complied with 

N.J.S.A. 59:8-4. 

Reversed.