RICHTER v. OAKLAND BD. OF EDUC.

A-23 September Term 2019 083273.

252 A.3d 161 (2021)

246 N.J. 507

Mary RICHTER, Plaintiff-Respondent, v. OAKLAND BOARD OF EDUCATION, Defendant-Appellant, and Gregg Desiderio, individually and as Principal of the Valley Middle School, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 8, 2021.

Revised June 15, 2021.


Attorney(s) appearing for the Case

Aileen F. Droughton , Red Bank, argued the cause for appellants Oakland Board of Education and Gregg Desiderio (Traub Lieberman Straus & Shrewsberry, attorneys; Aileen F. Droughton , on the briefs).

Betsy G. Ramos , Mt. Laurel, argued the cause for appellant Oakland Board of Education (Capehart & Scatchard, attorneys; Betsy G. Ramos , on the briefs).

Gerald Jay Resnick Roseland, argued the cause for respondent (Resnick Law Group, attorneys; Gerald Jay Resnick on the briefs).

Andrew Dwyer , Newark, argued the cause for amicus curiae National Employment Lawyers Association of New Jersey (The Dwyer Law Firm, attorneys; Andrew Dwyer , of counsel and on the briefs).

Benjamin Folkman , Cherry Hill, argued the cause for amicus curiae New Jersey Association for Justice (Folkman Law Offices, attorneys; Benjamin Folkman , Eve R. Keller , Lauren M. Law , Sarah Slachetka , and Paul C. Jensen, Jr. , Cherry Hill, on the briefs).

Renee Greenberg , Deputy Attorney General, submitted a brief on behalf of amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel, Mayur P. Saxena , Assistant Attorney General, on the brief, and Renee Greenberg and Latoya L. Barrett , Deputy Attorneys General, on the brief).

Edward G. Sponzilli submitted a brief on behalf of amicus curiae Rutgers, the State University of New Jersey (Norris McLaughlin, attorneys; Edward G. Sponzilli , of counsel and on the brief, and Annmarie Simeone , and Anthony P. D'Elia , Bridgewater, on the brief).

Richard A. Friedman , Newark, submitted a brief on behalf of amicus curiae New Jersey Education Association (Zazzali, Fagella, Nowak, Kleinbaum & Friedman; attorneys; Richard A. Friedman, of counsel and on the brief, and Craig A. Long , on the brief).

Christine P. O'Hearn submitted a brief on behalf of amicus curiae the New Jersey Municipal Excess Liability Fund (Brown & Connery, attorneys; Christine P. O'Hearn , and Kathleen E. Dohn , Westmont, on the brief).


This appeal raises two compelling issues for resolution by this Court. Unfortunately, the case arises from a tragic event.

Plaintiff Mary Richter, a longtime diabetic and teacher, experienced a hypoglycemic event in a classroom, which she claims happened because her work schedule prevented...

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