Lopez v. Gillian's Pier
Lopez v. Gillian's Pier
Opinion of the Court
The opinion of the court was delivered by
Plaintiffs Joseph and Arlene Lopez appeal from the trial court’s denial of their motion for reconsideration of an order dismissing their complaint. We affirm.
Plaintiff Joseph Lopez contends that he was injured on August 22, 1998, while riding on a roller coaster owned and operated by defendant Gillian’s Pier, a/k/a Gillian’s Wonderland Pier (Gillian’s). Lopez, an orthopedic surgeon, contends that the ride stopped abruptly, causing his head to jolt back and forth. He claims that, because he was unaware of his injury at the time, he did not report the incident to the management of the amusement park and did not file an accident report. He contends that later that evening, he began to experience progressive neurological symptoms and was admitted to the hospital where doctors determined
After initial discovery was completed, Gillian’s moved to dismiss the complaint on the ground that plaintiffs had failed to comply with the notice provisions of the Carnival Amusement Rides Safety Act (CARSA), N.J.S.A 5:3-31 et seq. The motion judge granted the motion and denied plaintiffs’ motion for reconsideration, setting forth his reasons in a written decision. On appeal, plaintiffs contend that the judge erred in failing to afford them the benefit of the discovery rule and that CARSA violates the equal protection guarantees of the federal and state constitutions by denying injured plaintiffs access to the court and by drawing an unfair distinction in favor of amusement parks to the detriment of other businesses. We disagree.
CARSA.governs the operation of ail carnival and amusement rides in New Jersey. N.J.S.A 5:3-31 et seq. It includes a provision that mandates filing of an accident report with the operator of the park as a precondition to filing a suit for personal injury. N.J.S.A 5:3-57(a). That section requires that the accident report be in writing, specifies the information that it must include, and requires that the report be filed with the park operator within ninety days from the time of the incident leading to the injury. N.J.S.A 5:3-57(a) and (c). Moreover, the statute requires each amusement park to maintain one or more designated locations to facilitate the filing of the reports, specifies the
CARSA specifically provides that the park operator may not claim the protection of the reporting requirement unless it has conspicuously posted notices of the reporting requirement and the statute specifies the contents and locations where the notices are required to be posted. N.J.S.A. 5:3-57(a) and (c). It is undisputed that the defendant park operator posted the required notices and maintained an office to facilitate the filing of the accident reports as required by the statute. CARSA further provides, however, that the ninety-day notice period may be extended to permit filing of the report within one year of the accident. That extension may be granted by a judge, based upon a motion demonstrating “sufficient reason” for failing to file the report, and upon a finding that the operator of the park is not “substantially prejudiced” by that failure. N.J.S.A. 5:3-58.
Applying the language of the statute to plaintiffs, the incident complained of occurred on August 22,1998. The ninety-day notice period expired on November 20, 1998. That period could have been extended by a judge to permit filing of the accident report within one year, that is, on or before August 21,1999. Here, it is undisputed that plaintiffs did not file a notice within ninety days and never asked for an extension of time to file that notice. In fact, they never filed the required notice at all. The first notification about the accident to the park operator was the service of the amended complaint on November 21, 2000, some two years after the day on which the notice should have been filed and fifteen months after the time when the notice could have been filed had a judge so ordered.
Plaintiffs’ contention that they should have been given the benefit of the discovery rule is without merit. First, the motion judge considered the discovery rule and analyzed the timeliness of the complaint in that context. He held, and we agree, that even giving plaintiffs the benefit of the application of the discovery rule
Nor do we perceive any constitutional infirmity in the statute itself. The essence of this claim is that the notice provision precludes persons who are unaware of their injuries from filing meritorious claims. Simply put, plaintiffs’ contention is that they were denied access to the courts by the operation of a period of limitations which expired before they had reason to believe that they had a cause of action. As we noted in our review of the facts, plaintiffs were alerted to the connection between the roller coaster ride and the injury within sufficient time to give the notice required by the statute but failed to do so. In light of our reluctance to reach a constitutional question unless it is necessary for the proper disposition of the matter, see In re Petition of New Jersey Amer. Water Co., 169 N.J. 181, 777 A.2d 46 (2001); McCann v. Clerk of Jersey City, 338 N.J.Super. 509, 770 A.2d 723
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.