Earlier this month, the New Jersey Supreme Court issued a written opinion in a premises liability lawsuit dealing with the naming of government defendants in a personal injury case. The case is instructive for Maryland premises liability plaintiffs because similar requirements are in place here in Maryland that may prevent a plaintiff’s full recovery if she fails to name certain parties in her complaint.
After a young girl died in an amusement park accident on a New Jersey boardwalk, her parents filed a premises liability lawsuit against several defendants, all of which were related to the amusement park operation. At the time of the accident, the plaintiffs’ daughter was on a school trip. The plaintiffs did not name their daughter’s school in the lawsuit.
In a pre-trial motion, the defendants collectively moved to add the daughter’s school, arguing that there was evidence suggesting the school officials were also negligent and partially responsible for the girl’s death. However, the defendants failed to provide timely notice of the pending lawsuit to the school.