Hartsfield v. Fantini

The opinion of the Court was delivered by

GARIBALDI, J.

In this appeal, as in Wallace v. JFK Hartwyck, 149 N.J. 605, 695 A.2d 257 (1997), also decided today, the Court must determine whether an attorney, who fails to appeal an arbitration decision within the thirty-day filing deadline, may file a nunc pro tunc motion for a trial de novo. Specifically, we address whether an attorney’s failure to supervise his secretary and review his diary constitutes “extraordinary circumstances,” permitting relaxation of the thirty-day rule.

I

On January 11,1991, plaintiff, Mary Hartsfield, was driving her ear…