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TOTO v. ENSUAR

A-53 September Term 2007

952 A.2d 463 (2008)

196 N.J. 134

Blase J. TOTO and Betty Toto, Plaintiffs-Appellants, v. Sheriff's Officer Rolando ENSUAR and Sheriff's Officer Michael Schulze, Defendants-Respondents, and Monmouth County Sheriff Joseph W. Oxley, Monmouth County Sheriff's Office and "John Does # 1-3" (these names being fictitious as true identities are unknown), Defendants.

Supreme Court of New Jersey.

Decided August 4, 2008.

Attorney(s) appearing for the Case

Jeffrey S. Downs argued the cause for appellants (Wong Fleming, Princeton, attorneys; Mr. Downs, Daniel C. Fleming and Linda Wong, on the briefs).

David A. Laughlin, Neptune, argued the cause for respondents (Stout & O'Hagan, attorneys; Linda Grasso Jones, on the letter brief).

Justice WALLACE, JR., delivered the opinion of the Court.

In this case we decide whether the verbal threshold, N.J.S.A. 59:9-2(d), of the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, which essentially requires an objective permanent injury to recover damages, applies to a willful misconduct claim against a public employee. Additionally, we decide whether the trial court's failure to charge the jury that the Act's good faith defense,

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