Negron v. Llarena

In Negron v. Llarena, 156 N.J. 296, 716 A.2d 1158 (1998), the plaintiff, asserting federal diversity jurisdiction, brought suit against the defendants in the district court within the limitations period. The federal action was dismissed because of the lack of subject matter jurisdiction. The plaintiff immediately filed her complaint in the Law Division, but by that time the statute of limitations had expired. The trial court denied the defendants' motion to dismiss, but we reversed, holding that the earlier filing in the federal court did not toll the limitations period. The Supreme Court reversed our judgment and reinstated the plaintiff's complaint. Id. at 307, 716 A.2d 1158. In holding that the plaintiff had substantially complied with the statute, the Court noted: (1) the earlier filing placed the defendants on notice of the wrongful death claim; (2) the federal complaint was filed within the appropriate time frame, and the Law Division action was commenced immediately following its dismissal; (3) the plaintiff's diligent filing of the complaints complied with the purpose of the statute of limitations; (4) the defendants were not prejudiced because the discovery process in the federal action afforded them the opportunity to investigate the underlying facts. Id. at 305, 716 A.2d 1158.