Ponte v. Overeem

In this appeal we consider whether plaintiff, Robert Ponte, may recover for pain and suffering damages under the Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3. At issue is whether an injury to plaintiffs right knee requiring arthroscopic surgery satisfies the threshold requirement under that Act. N.J.S.A. 59:9-2d. The Appellate Division reversed an order granting summary judgment for defendants, holding that plaintiff had raised a factual issue concerning whether his knee injury constituted a “permanent loss of a bodily function that is substantial.” Gilhooley v. County of Union, 164 N.J. 533,…