KNOWLES v. MANTUA TP. SOCCER ASS'N


823 A.2d 26 (2003)

176 N.J. 324

Joseph M. KNOWLES and Susan M. Knowles, his wife, Plaintiffs-Appellants, v. MANTUA TOWNSHIP SOCCER ASSOCIATION, County of Gloucester, John Does 1-10 (fictitious), John Does 11-20 (fictitious) and John Does 21-30 (fictitious), jointly, severally and in the alternative, Defendants, Township of Mantua, Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 29, 2003.


Attorney(s) appearing for the Case

Mark S. Kancher, Mt. Laurel, argued the cause for appellants (Shaffer & Scerni, attorneys).

Robert A. Baxter, Mt. Laurel, argued the cause for respondent (Capehart & Scatchard, attorneys).


The opinion of the Court was delivered by COLEMAN, J.

The primary issue raised in this appeal is whether plaintiff Joseph Knowles's injuries, sustained when his car was struck by a gate in a park maintained by defendant Township of Mantua, constitute a "permanent loss of a bodily function" that is substantial, warranting recovery of damages for pain and suffering under N.J.S.A. 59:9-2d of the New Jersey Tort Claims Act (TCA). The trial court granted summary...

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