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BROOKS v. ODOM

150 N.J. 395 (1997)

696 A.2d 619

BERTHA BROOKS AND JOHN L. BROOKS, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. WILLIE MAE ODOM AND NEW JERSEY TRANSIT BUS OPERATIONS, INC., DEFENDANTS-APPELLANTS, AND PORT AUTHORITY OF NEW YORK AND NEW JERSEY, DEFENDANT.

The Supreme Court of New Jersey.

Decided July 15, 1997.

Attorney(s) appearing for the Case

Jeffrey A. Miller, Assistant Attorney General argued the cause for appellants (Peter Verniero Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Valerie L. Egar, Deputy Attorney General, on the brief).

Eric G. Kahn argued the cause for respondents (Javerbaum Wurgaft & Hicks, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

This appeal presents two issues. The first issue is what constitutes a "permanent loss of a bodily function" under the New Jersey Tort Claims Act ("The Act" or "The Tort Claims Act"), N.J.S.A. 59:9-2(d). Second, we must decide whether plaintiff, Bertha Brooks ("plaintiff"), may recover from defendants Willie Mae Odom and New Jersey Transit Corporation ("New Jersey Transit") (jointly described as "defendants...

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