Supreme Court of New Jersey

Blase J. Toto and Betty Toto, Plaintiffs-Appellants v. Sheriff’s Officer Rolando Ensuar and Sheriff’s Officer…

August 4, 2008196 N.J. 134

Summary

The Court held that when a public employee’s conduct constitutes willful misconduct, the plaintiff is not required to satisfy the Tort Claims Act verbal threshold and may recover the full measure of damages, and that the trial court’s erroneous omission of that instruction, as well as the improper good‑faith defense instruction, required a new trial.