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KELLY v. COUNTY OF MONMOUTH

883 A.2d 411 (2005)

380 N.J. Super. 552

Kevin KELLY, Plaintiff-Appellant, v. COUNTY OF MONMOUTH, Monmouth County Board of Chosen Freeholders, and Alain Fortier, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 12, 2005.

Attorney(s) appearing for the Case

Danielle S. Chandonnet argued the cause for appellant (Shebell & Shebell, attorneys; Ms. Chandonnet, on the brief).

Linda Grasso Jones argued the cause for respondents County of Monmouth and Monmouth County Board of Chosen Freeholders (Cleary, Alfieri, Jones & Hoyle, attorneys; Ms. Jones, on the brief).

Barbara L. Birdsall, Neptune, argued the cause for respondent Alain Fortier (Stout & O'Hagan, attorneys; Ms. Birdsall, on the brief).

Before Judges ALLEY, C.S. FISHER and YANNOTTI.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider, among other things, whether a public employee who commits either an assault or battery upon a fellow employee is entitled to the benefit of the New Jersey Tort Claims Act's verbal threshold, N.J.S.A. 59:9-2, when sued for damages. While we affirm the dismissal of all plaintiff's other claims, there remain unresolved questions of fact pivotal to determining whether...

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