Search Rutgers Law Library N.J. Court Opinions

31 DENNIS J. KNITOWSKI v. FRANK M. GUNDY, JR -- rank: 742

... determined that plaintiff had not satisfied the standards established by N.J.S.A. 59:9-2(d) for an award of non-economic damages against a ... that plaintiff had not satisfied the injury threshold established by N.J.S.A. 59:9-2(d), as applied by the Supreme Court in Knowles v ... medical treatment expenses are in excess of $3,600.00. [ N.J.S.A. 59:9-2(d).] This limitation "reflects the policy judgment that in view ... Novack, Claims Against Public Entities , 1972 Task Force Comment on N.J.S.A. 59:9-2 (Gann 2000)). To meet the threshold established by N.J.S.A. 59:9-2(d), plaintiff must show "(1) an objective permanent injury, and ... requiring surgery, resulting in extensive scarring, pins and wires, satisfied N.J.S.A. 59:9-2(d)); Knowles , supra , 176 N.J. at 333 (lack ...

docket:	a5945-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-10
status:	unpublished
citation:
Document Size:	58803

32 YOUN WHA JUNG v. VILLAGE OF RIDGEWOOD -- rank: 736

... because they failed to meet the TCA's verbal threshold, N.J.S.A. 59:9-2(d); see Toto v. Ensuar , 196 N.J. 134 , 144 ... TCA establishes a threshold for recovering pain and suffering damages. N.J.S.A. 59:9-2(d) provides: [n]o damages shall be awarded against a ...

docket:	a4007-11
court:	NJ Superior Court Appellate Division
decided:	2015-01-09
status:	unpublished
citation:
Document Size:	85280

33 /usr/local/share/www/libweb/collections/courts/appellate/a1380-20.opn.html -- rank: 736

... or public employee and only to the extent authorized by [ N.J.S.A. 59:9-2, -4]. [N.J.S.A. 59:9-3.1.] Addressing ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	33573

34 Sopharie Leang, et al. v. Jersey City Board of Education, et al. -- rank: 734

... of immunity, the TCA includes a “verbal threshold,” N.J.S.A. 59:9-2(d), which serves to limit claims seeking to recover damages ...

docket:	a-21-08
court:
decided:	2009-04-16
status:
citation:	198 N.J. 557
Document Size:	124015

35 GUADALUPE LOPEZ v. SCOTT J. STYS -- rank: 731

... asserted plaintiff failed to meet the permanent injury threshold under N.J.S.A. 59:9-2(d) of New Jersey's Tort Claims Act (Act), N ... loss of bodily function to satisfy the second prong under N.J.S.A. 59:9-2(d).3 The judge explained, '[p]laintiff did not sustain ... 3 The parties agreed plaintiff satisfied the first prong under N.J.S.A. 59:9-2(d) by proving an objective permanent injury. 4 Gilhooley v ... the judge barred plaintiff's claim for economic damages under N.J.S.A. 59:9-2(d), he allowed plaintiff to pursue economic losses for past ... for noneconomic damages in the form of pain and suffering. N.J.S.A. 59:9-2(d) provides: No damages shall be awarded against a public ... of a permanent and substantial loss of bodily function under N.J.S.A. 59:9-2(d). We next consider plaintiff's argument the judge ...

docket:	a2571-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-25
status:	Unpublished
citation:
Document Size:	33788

36 SOMA MANDAL, M.D. v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY -- rank: 731

... with respect to a public entity or employee," and with N.J.S.A. 59:9-2(a), which declares that "[n]o interest shall accrue prior ... claims it is a public entity within the intendment of N.J.S.A. 59:9-2(a) and, thus, plaintiff was not entitled to prejudgment interest ... of Lieberman , other provisions of the Tort Claims Act, specifically N.J.S.A. 59:9-2(a), should in fairness apply. In Dorn , we held that applying N.J.S.A. 59:9-2(a) to the Transport of New Jersey, when no other ...

docket:	a0132-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-04
status:	unpublished
citation:
Document Size:	92511

37 CAROL LINTAO v. PATRICIA LIVINGSTON -- rank: 726

... entry of judgment against a public entity or public employee." N.J.S.A. 59:9-2(a). Thus, "the Act . . . precludes recovery against governmental entities for ... the Association as "the Association." Ibid. The panel ultimately found N.J.S.A. 59:9-2(a) inapplicable because the "defendant clearly [was] not a 'public ... the judgment is "against" a public entity or public employee. N.J.S.A. 59:9-2(a). The language is clear that the Act operates to ...

docket:	a0983-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-22
status:	unpublished
citation:
Document Size:	49018

38 IO-AURELIA DUNCAN v. BOROUGH OF FORT LEE and FORT LEE PUBLIC LIBRARY - -- rank: 726

... show she suffered substantial and permanent injuries as required under N.J.S.A. 59:9-2(d). Plaintiff now appeals, arguing the motion judge misapplied the ... including prosthetic devices and ambulance, hospital or professional nursing service. [ N.J.S.A. 59:9-2(d) (emphasis added).] In addition to presenting evidence of "medical ... expenses" that both exceed $3600 and meet the definition under N.J.S.A. 59:9-2(d), a plaintiff seeking to recover pain and suffering damages ... to indicate that her "medical treatment expenses," as defined under N.J.S.A. 59:9-2(d), exceeded $3600. In fact, plaintiff's appellate counsel did ...

docket:	a0569-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-10
status:	unpublished
citation:
Document Size:	27689

39 EDWIN WILLIAMS v. THE CITY OF NEWARK NEWARK POLICE DEPARTMENT -- rank: 721

... he failed to meet the verbal threshold of the TCA, N.J.S.A. 59:9-2. Specifically, he contends that although plaintiff claimed he suffered "emotional ...

docket:	a1589-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-11
status:	unpublished
citation:
Document Size:	106366

40 Sharon Kahrar and Bernard Kahrar v. Borough of Wallington -- rank: 721

... will not be awarded unless the loss is substantial. [Comment, N.J.S.A. 59:9-2 (emphasis added).] ����The inclusion of the pain-and-suffering threshold ... permanent loss of a bodily function� within the meaning of N.J.S.A. 59:9-2(d). [ Id. at 406.] ����Another decision relevant to the analysis ...

docket:	a-68-00
court:	njsupreme
decided:	2002-02-27
status:
citation:	171 N.J. 3
Document Size:	73804

41 BRIAN FRUGIS and SUSAN FRUGIS, Individually, et al. v. SAMUEL BRACIGLIANO, -- rank: 718

... or public employee and only to the extent authorized by [ N.J.S.A. 59:9-2 and N.J.S.A. 59:9-4]. ����The legislative ...

docket:	a6349-99
court:	njappellate
decided:	2002-03-22
status:	published
citation:	351 N.J. Super. 328
Document Size:	61496

42 MICHAEL DESMOND v. TOWNSHIP OF PARSIPPANY-TROY HILLS -- rank: 718

... his joint settlement with MCMUA and WMNJ. Plaintiff maintained that N.J.S.A. 59:9-2(e), a provision of the Tort Claims Act (TCA), bars ... an insurance contract against a public entity or public employee. [ N.J.S.A. 59:9-2(e).] As we stated in Serpa v. New Jersey Transit ... WMNJ, which will provide plaintiff damages for those same injuries. N.J.S.A. 59:9-2(e) provides that the amount of the compensation benefits must ... the amount, if any, that MCMUA contributed to the settlement. N.J.S.A. 59:9-2(e) makes clear that Travelers is not entitled to be ... the monies plaintiff has recovered from WMNJ. Plaintiff argues that N.J.S.A. 59:9-2(e) should be interpreted as barring Travelers from seeking reimbursement ... those plans. Id. at 87-88. We are convinced that N.J.S.A. 59:9-2(e) establishes a form of immunity that may extend ...

docket:	a1922-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-05
status:	unpublished
citation:
Document Size:	44073

43 /usr/local/share/www/libweb/collections/courts/appellate/a2149-18.opn.html -- rank: 716

... exemplary damages shall be awarded against a public entity' under N.J.S.A. 59:9-2(c). As to individuals, to warrant punitive damages under � ...

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44 PATRICIA SHILINSKY v. BOROUGH OF RIDGEFIELD -- rank: 716

... the plaintiff do not qualify for relief in accordance with" N.J.S.A. 59:9-2, and that Richard had not provided evidence to support his ...

docket:	a0028-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-26
status:	unpublished
citation:
Document Size:	44405

45 KIEWANDA SHABAZZ-HENRY v. CITY OF NEWARK -- rank: 710

... that plaintiff failed to vault the verbal threshold requirement of N.J.S.A. 59:9-2(d). Citing Buckley v. Trenton Saving Fund Society , 111 N ... distress. The judge dismissed plaintiff's tort claims pursuant to N.J.S.A. 59:9-2(d), which provides as follows: No damages shall be awarded ...

docket:	a1833-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-24
status:	unpublished
citation:
Document Size:	65063