Catherine P. Gilhooley, Plaintiff-Appellant v. County of Union and Union County Sheriff’s Department…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for trial, holding that Mrs. Gilhooley's fractured patella, which requires permanent pins and wires, constitutes a permanent loss of a bodily function that satisfies the substantial‑loss requirement of the Tort Claims Act, thereby allowing recovery of pain and suffering damages. The Court also held that the record raises a genuine dispute as to whether her knee scar amounts to a permanent and substantial disfigurement, so summary judgment on that issue was improper. Justice VERNIERO dissented, arguing that the knee’s function was fully restored and that the focus should be on loss of function rather than the presence of artificial devices.