Opinion

Velmohos v. Maren Engineering Corp.

  • 83 N.J. 282
  • 416 A.2d 372
  • 1980 N.J. LEXIS 1351
Court
Supreme Court of New Jersey
Filed
Jun 18, 1980
Status
Published
Author
Sullivan
On the bench
Pashman, Sullivan
Cited by
36 cases
Authority
More cited than 8.8%

Vacated by Laird v. South Carolina, 455 U.S. 985 (1982)

The opinion

SULLIVAN, J.,

dissenting.

I would construe N.J.S.A. 2A:14-22 to toll the statute of limitations as to a foreign corporation against which there is a cause of action in this State only in a situation where such corporation is not amenable to personal jurisdiction.

*298 Defendant corporations were subject to long-arm jurisdiction in this State at all relevant times as found by the trial court. See R. 4:4-4(c)(l). Indeed, service was made upon them pursuant to the rule. To hold that despite this, a plaintiff can sit back for any number of years and file suit at his pleasure against such foreign corporations, is to do violence to the concept of limitations of actions. The construction placed upon N.J.S.A. 2A:14-22 by the majority opinion, while following the literal language of the statute, frustrates the very purpose of the tolling provision and places this Court with a minority of jurisdictions. See Annotation, “Tolling of statute of limitations during absence from state as affected by fact that party claiming benefit or limitations remained subject to service during absence of nonresidence,” 55 A.L.R.3d 1158 (1974). As noted in the annotation, a majority of courts have refused to give application to tolling provisions when the party claiming the benefit of limitations has remained amenable to personal jurisdiction.

A recent comment in 10 Seton Hall L.Rev. 585 (1980) entitled “The Tolling Provision of the Statute of Limitations—a Haven for the Dilatory Plaintiff,” makes a critical analysis of N.J.S.A. 2A:14-22 and the position now taken in the majority opinion and rejects it on constructional as well as constitutional grounds. The comment concludes by stating that “[a] statute that serves to placate the dilatory plaintiff while denying an important right to a nonresident defendant is an anomaly in a jurisdiction noted for progressive developments in the law corresponding to the changes in the circumstances to which the law applies.” Id. at 613. Despite the rigidity of some tolling and limitations statutory provisions, this Court has always construed them to effectuate the true statutory purpose. See, e. g., Galligan v. Westfield Centre Service, Inc., 82 N.J. 188 (1980); White v. Violent Crimes Compensation Board, 76 N.J. 368 (1978). It has not done so today.

Although I find it unnecessary to reach the issue, the statutory construction of N.J.S.A. 2A:14-22 adopted by the majority also raises substantial questions of due process and equal protection of the laws. I would reverse the Appellate Division and *299 reinstate the judgment of the trial court dismissing the complaint.

Justice HANDLER joins in this dissent.

For affirmance—Chief Justice WILENTZ and Justices PASHMAN, CLIFFORD, SCHREIBER and POLLOCK—5.

For reversal—Justices SULLIVAN and HANDLER—2.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.