In a published decision, the New Jersey Appellate Division held that an alleged victim of sexual abuse by a teacher is barred from seeking damages for pain and suffering under the Tort Claims Act because he has not incurred the requisite amount of medical expenses required under the statute.

The plaintiff in this case, C.W., brought suit against the Roselle Board of Education in 2020 alleging that he was sexually abused by a schoolteacher on two instances in 2004 and 2005 when he was 16 years old, according to the appeals court's Feb. 21 opinion. Since that time, C.W. has not incurred any medical expenses or been treated by any health care professional as a result of the alleged abuse.