Brooks v. Odom

The opinion of the Court was delivered by

POLLOCK, J.

This appeal presents two issues. The first issue is what constitutes a “permanent loss of a bodily function” under the New Jersey Tort Claims Act (“The Act” or “The Tort Claims Act”), N.J.S.A. 59:9-2(d). Second, we must decide whether plaintiff, Bertha Brooks (“plaintiff”), may recover from defendants Willie Mae Odom and New Jersey Transit Corporation (“New Jersey Transit”) (jointly described as “defendants”) her co-payments and deductible amounts under her health insurance policy.

The Law Division granted summary judgment for defendants. It…