A New Jersey appeals court tossed out a $10 million verdict in a lawsuit over the drowning of a 13-year-old boy in a public pool, finding that the case must be retried in its entirety.

The judge below had vacated $5 million in emotional distress damages right after the trial because the plaintiffs failed to show they incurred $3,600 in medical expenses as required by New Jersey Tort Claims Acts and the appeals court affirmed that decision.

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