Narrative Opinion Summary
The Court affirms the Appellate Division's dismissal of the plaintiff's claims under the Tort Claims Act, N.J.S.A. 59:1-1 to -12.B. The majority of the Appellate Division determined that the plaintiff did not provide sufficient objective credible medical evidence to substantiate her claims of a substantial permanent loss of bodily function linked to her wrist fracture. Chief Justice Poritz and Justices Garibaldi, Coleman, and Verniero concur with the order. In contrast, Justices O'Hern, Stein, and Long would have reversed the decision, citing the dissenting opinion from the Appellate Division, which suggested that the plaintiff's expert could clarify his statement regarding the potential adverse effects of the injuries on the plaintiff's daily activities, potentially indicating objective medical evidence of a substantial permanent loss of bodily function.
Legal Issues Addressed
Judicial Agreement and Dissentsubscribe to see similar legal issues
Application: The Court's decision to affirm the dismissal was not unanimous, as some justices were in agreement with the majority, while others supported the dissenting opinion that suggested the plaintiff's expert testimony could provide necessary evidence.
Reasoning: Chief Justice Poritz and Justices Garibaldi, Coleman, and Verniero concur with the order. In contrast, Justices O'Hern, Stein, and Long would have reversed the decision, citing the dissenting opinion from the Appellate Division, which suggested that the plaintiff's expert could clarify his statement regarding the potential adverse effects of the injuries on the plaintiff's daily activities, potentially indicating objective medical evidence of a substantial permanent loss of bodily function.
Tort Claims Act Requirementssubscribe to see similar legal issues
Application: The plaintiff's claims were dismissed due to a lack of sufficient objective credible medical evidence as required under the Tort Claims Act.
Reasoning: The majority of the Appellate Division determined that the plaintiff did not provide sufficient objective credible medical evidence to substantiate her claims of a substantial permanent loss of bodily function linked to her wrist fracture.