KAHRAR v. BOROUGH OF WALLINGTON


791 A.2d 197 (2002)

171 N.J. 3

Sharon KAHRAR and Bernard Kahrar, Plaintiffs-Appellants, v. BOROUGH OF WALLINGTON, Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 27, 2002.


Attorney(s) appearing for the Case

James H. Cleary argued the cause for appellants.

Brian R. Martinotti argued the cause for respondent (Beattie Padovano, attorneys; James V. Zarrillo, on the brief).


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 plaintiff's cause of action, concluding that plaintiff's shoulder injury did not constitute a "permanent loss of a bodily function...

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