Legal Opinion

Rivera v. Gerner

Supreme Court of New Jersey

Decided May 26, 1982PublishedCited by 32 opinions

1Opinion of the Court

The opinion of the Court was delivered by

O’HERN, J.

This case arises from a personal injury suit by an infant pedestrian against a school bus operator and another motorist. The first question in this appeal is whether the trial court acted improperly by raising for the first time after summation the issue of the statutory limitation of damages for pain and suffering against the public entity under N.J.S.A. 59:9-2(d). The second question is whether the trial court properly instructed the jury on this issue.

On November 12, 1976, the seven year old plaintiff, Fernandito Rivera, was severely…

2Cases cited30 opinions

  1. Johnson v. New JerseySupreme Court of the United States · 1966
  2. Allied Stores of Ohio, Inc. v. BowersSupreme Court of the United States · 1959
  3. O'CONNOR v. Abraham AltusSupreme Court of New Jersey · 1975
  4. Greer v. MorrisonSupreme Court of the United States · 1966
  5. Martindell v. MartindellSupreme Court of New Jersey · 1956

25 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Birchwood Lakes Colony Club, Inc. v. Borough of Medford LakesSupreme Court of New Jersey · 1982
  2. State, Office of Employee Rel. v. Communications WorkersSupreme Court of New Jersey · 1998
  3. Blunt v. KlapprothNew Jersey Superior Court Appellate Division · 1998
  4. Heimbach v. MuellerNew Jersey Superior Court Appellate Division · 1988
  5. R. Wilson Plumbing & Heating, Inc. v. WademanNew Jersey Superior Court Appellate Division · 1991

27 more not listed; retrieve them via the Exa API.

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