Jay Branderbit and Caitlin Harley obtained summary judgment on behalf of K/M’s client, a public entity, in an action stemming from claims that plaintiff was injured when she tripped and fell on a transient defect at the client’s premises. The basis for the motion, and ultimate dismissal, was that plaintiff could not surmount the Title 59 injury threshold of the New Jersey Tort Claims Act. Plaintiff argued that her medical expert did establish permanent injury and limitation of function, however, K/M was able to successfully rebut this claim by demonstrating that Plaintiff’s expert simply indicated a limitation, as opposed to the requisite loss, of function.
For further information, please contact Jay Branderbit (Jbranderbit@kentmcbride.com) or Caitlin Harley (Charley@kentmcbride.com)