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RIVERA v. GERNER

89 N.J. 526 (1982)

446 A.2d 508

FERNANDITO RIVERA, AN INFANT BY HIS GUARDIAN AD LITEM, ANTONIA RIVERA, AND ANTONIA RIVERA, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. RUSSELL D. GERNER, DEFENDANT-APPELLANT, AND GEORGE MARINARO AND MORRIS SCHOOL DISTRICT BOARD OF EDUCATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 26, 1982.

Attorney(s) appearing for the Case

Donald S. McCord, Jr. argued the cause for appellant (O'Donnell, McCord & Leslie, attorneys).

Edward V. Gannon argued the cause for respondents Fernandito Rivera, etc., et al.

William W. Murphy argued the cause for respondents George Marinaro, et al. (Bennett & Bennett, attorneys; Richard D. Bennett on the brief).

The opinion of the Court was delivered by O'HERN, J.

This case arises from a personal injury suit by an infant pedestrian against a school bus operator and another motorist. The first question in this appeal is whether the trial court acted improperly by raising for the first time after summation the issue of the statutory limitation of damages for pain and suffering against the public entity under N.J.S.A. 59:9-2(d). The second question is whether the trial...

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