Legal Opinion

Rich v. State

New Jersey Superior Court Appellate Division

Decided October 12, 1979PublishedCited by 3 opinions

1Opinion of the Court

O’NEIL, J. S. C.

A post-judgment motion requires interpretation of a previously unconstrued section of the 1972 Tort Claims Act, N.J.S.A. 59:9-5, which provides that

In any action brought against a public entity or a public employee under this act, the court may, in its discretion, award a successful claimant (a) costs ordinarily allowable in the private sector (b) expert witness fees not exceeding a total of $100.00 and (c) reasonable attorney’s fees; provided however that there *93shall be no such recovery in any case where damages are awarded for pain and suffering.

The suit was brought by a…

2Cases cited6 opinions

  1. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  2. Malloy v. StateSupreme Court of New Jersey · 1978
  3. Kelly v. RoetzelSupreme Court of Oklahoma · 1917
  4. Strother v. Union Pac. R.District Court, W.D. Missouri · 1915
  5. Wetmore v. WrynnConnecticut Superior Court · 1974

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

3Cited by3 opinions

  1. Fuchilla v. LaymanSupreme Court of New Jersey · 1988
  2. Clement v. Consolidated Rail Corp.District Court, D. New Jersey · 1990
  3. Fuchilla v. LaymanSupreme Court of New Jersey · 1988

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