Sharon Kahrar and Bernard Kahrar, Plaintiffs-Appellants v. Borough of Wallington, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the Appellate Division and held that the plaintiff's rotator cuff injury satisfies the Tort Claims Act's threshold of a permanent and substantial loss of a bodily function, permitting recovery of pain and suffering damages. The Court applied the Brooks two‑prong test, finding the injury permanent and the 40% loss of motion substantial. A dissent argued that the majority departed from Brooks and should have affirmed summary judgment.