Courtesy photo NJ Appeals Court Reverses Dismissal of Preschooler's Personal Injury Claim
"Despite plaintiff's surgery and a year of physical therapy, it is undisputed by the town of Harrison's orthopedic expert that plaintiff still had a ten-degree decreased range of motion in his elbow, along with reduced grip strength in his left hand, as a result of his injury," the opinion said. "This—coupled with his alleged inability to dress himself, participate in gym class, participate in sports, and write with his left hand—creates a legitimate fact issue."
October 18, 2023 at 04:44 PM
5 minute read
The New Jersey Appellate Division reversed the Hudson County Superior Court's dismissal of a personal injury claim filed on behalf of a preschooler, injured in a fall from playground equipment, after the lower court found that the plaintiff did not demonstrate that he sustained a permanent loss of bodily function as required by the Tort Claims Act.
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