Kahrar v. Borough of Wallington

The opinion of the Court was delivered by

STEIN, J.

The issue on appeal is whether plaintiff, Sharon Kahrar, has satisfied the threshold for awarding pain and suffering damages under the Tort Claims Act, N.J.S.A. 59:9 — 2d, based on a torn rotator cuff that was surgically repaired. The Appellate Division affirmed the dismissal of plaintiffs cause of action, concluding that plaintiffs shoulder injury did not constitute a “permanent loss of a bodily function” that was “substantial,” the standard adopted by this Court in Brooks v. Odom, 150 N.J. 395, 406, 696 A2d 619 (1997). We hold that on the…