Woods v. Shop-Rite Supermarkets

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether oral notification of an intention to demand a trial de novo following an arbitration award constitutes substantial compliance with the requirement that such a demand be served on the opposing party.

*615On July 18, 2000, this personal injury action, which arose out of a slip and fall in one of defendant’s supermarkets, was arbitrated in accordance with Rule 4:21A. The arbitrator determined that both parties were responsible for the accident, and assigned 80% liability to the defendant. The…