Court Warns that Statute of Repose Could Bar Minor's Potential Claim

HACKENSACK, N.J. - A New Jersey judge has agreed to dismiss without prejudice a child's mold claims against siding contractors, but warned that a 10-year statute of repose for construction claims would preclude any future claim despite the tolling protections ordinarily granted to minors. Baum v. Nigro, et al., No. BER-L-010169-04 (N.J. Super. Ct., Bergen Cty.).

Bergen County Superior Court Judge Menelaos W. Toskos said in a March 8 opinion that he would grant the motion by the parents of 9-year-old Harrison Baum, but that he would schedule a hearing before issuing the order because the net effect would be …