City Not Liable for Injury When Injury is Not Permanent.
TORT CLAIMS ACT. BRITTON v. CITY OF ELIZABETH. Appellate Division, A-2203-06T2, November 5, 2007, not approved for publication. Summary judgment for the defendant City and the defendant City Department of Health and Human Services based on the N.J.S.A. 59:9-2(d) verbal threshold under the Tort Claims Act affirmed substantially for the reasons expressed by the trial court; the plaintiff fractured her left fibula when she fell from a swing; the Appellate Division rejected the plaintiff's arguments (1) that, because she remained under the care of her doctor through the date of the appeal, summary judgment had been improperly granted and (2) that, because there were material questions of fact as to whether she had suffered a permanent injury that was substantial, summary judgment should be vacated.
Source: NJ Lawyer Daily Briefing November 6, 2007
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