Dennis Braithwaite

“ Plaintiff's potential claims for a permanent loss of bodily function are: the continued shifting of the nasal septum; permanent difficulty breathing; headaches; facial pain; and post traumatic stress disorder. Plaintiff also contends that the indentation in her head constitutes a permanent disfigurement.
To meet the threshold, a permanent loss need not be total, but it must be substantial. Brooks, supra, 150 N.J. at 406, 696 A.2d 619. The Act requires a "plaintiff to demonstrate objective, medical evidence of permanent injury to recover damages against a public entity." ”

“ This section of the Act imposes a threshold for non-economic damages that a plaintiff must surmount in order to sustain a claim, and provides in relevant part:
[NJ35] No damages shall be awarded against a public entity or public employee for pain and suffer-ing resulting from any injury; provided, however, that this limitation on the recovery of damages for pain and suffering shall not apply in cases of permanent loss of a bodily function, permanent disfigurement or dismemberment where the medical treatment expenses are in excess of $ 1,000.00. ”

“ Jennifer P. Gerber, a junior high school student, as a result of being attacked by her classmate, defendant Soncerra Hunter ("Hunter") , are sufficient to meet the threshold requirements for pain and suffering under the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, and whether the individual members of the Springfield Board of Education are immune from suit in the present litigation. The motion judge concluded that plaintiff's injuries did not meet the requirements of N.J.S.A. 59:9-2 (d) and granted summary judgment to defendants: Springfield Board of Education ("Board") ”