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PONTE v. OVEREEM

791 A.2d 1002 (2002)

171 N.J. 46

Robert PONTE and Priscilla Ponte, Plaintiffs-Respondents, v. Richard OVEREEM and New Jersey Transit, Inc., Defendants-Appellants.

Supreme Court of New Jersey.

Decided February 27, 2002.

Attorney(s) appearing for the Case

Jeffrey J. Miller, Assistant Attorney General, argued the cause for appellants (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Karen L. Jordan, Deputy Attorney General, on the brief).

James J. Mahoney, Denville, argued the cause for respondents.

PER CURIAM.

In this appeal we consider whether plaintiff, Robert Ponte, may recover for pain and suffering damages under the Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3. At issue is whether an injury to plaintiff's right knee requiring arthroscopic surgery satisfies the threshold requirement under that Act. N.J.S.A. 59:9-2d. The Appellate Division reversed an order granting summary judgment for defendants, holding that plaintiff had raised a factual...

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