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.

The preschooler was attending the Harrison In District Day School on Dec. 21, 2017, when he fell from a platform of playground equipment and landed on his left arm, according to the opinion. The plaintiff, T.R.C., underwent surgery to repair a displaced lateral condyle fracture to his left elbow, which required the placement of two pins. T.R.C., through his guardian ad litem, Ada Cardenas, filed suit in June 2020 against the town, the school and the Harrison Board of Education.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]