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HEENAN v. GREENE

809 A.2d 836 (2002)

355 N.J. Super. 162

Maureen F. HEENAN and Matthew Heenan, her husband, Plaintiffs-Appellants, v. Ralph T. GREENE, III and Township of Washington, Defendants-Respondents, and SUZANNE K. Raggio and RONALD M. Raggio, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 2002.

Attorney(s) appearing for the Case

Edward H. Mulvihill, Gibbsboro, argued the cause for appellants (Marmero & Mammano, attorneys; Mr. Mulvihill, on the brief).

LaTonya N. Bland, argued the cause for respondents (Capehart & Scatchard, attorneys; Robert A. Hicken, of counsel; Ms. Bland on the brief).

Before Judges SKILLMAN, CUFF and LEFELT.

The opinion of the court was delivered by CUFF, J.A.D.

In this appeal, we consider whether the presence of a herniated cervical disc with radiculitis satisfies the Tort Claims Act threshold to pursue a claim for pain and suffering. The motion judge found that the injury was not substantial and dismissed plaintiffs' complaint against the municipal defendants.1 We affirm.

On June 12, 1998, the motor vehicle occupied by plaintiff...

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