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

Summary

The Supreme Court held that the plaintiff satisfied the statutory threshold of a permanent and substantial loss of a bodily function under the Tort Claims Act, reversing the Appellate Division’s dismissal of her pain and suffering claim and remanding for trial. The Court emphasized that the injury’s objective medical evidence met the Brooks two‑prong test. Justice Verniero dissented, arguing that the majority improperly lowered the Act’s threshold.