C.W. v. ROSELLE BD. OF EDUCATION

DOCKET NO. A-3187-21.

290 A.3d 229 (2023)

474 N.J. Super. 644

C.W., Plaintiff-Appellant, v. ROSELLE BOARD OF EDUCATION, Defendant-Respondent, and New Jersey Board of Education, Defendant, and Roselle Board of Education, Third-Party Plaintiff, v. Gilbert Young, Jr., Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 2023.


Attorney(s) appearing for the Case

J. Silvio Mascolo , New Brunswick, argued the cause for appellant (Rebenack, Aronow & Mascolo, LLP, attorneys; J. Silvio Mascolo, of counsel and on the briefs).

Roshan D. Shah argued the cause for respondent (Anderson & Shah, LLC, attorneys; Roshan D. Shah and Todd S. McGarvey , of counsel and on the brief; Erin Donegan , on the brief).

Before Judges Currier, Mayer and Enright.


The opinion of the court was delivered by

On leave granted, we consider whether plaintiff, an alleged victim of sexual abuse by a teacher, is barred from seeking pain and suffering damages under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to -12.3, because he has not incurred the...

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