THE VERBAL THRESHOLD SINCE BROOKS V. ODOM: THE UNCERTAINTY OF PUBLIC ENTITY LIABILITY FOR PAIN AND SUFFERING DAMAGES IN NEW JERSEY

Mary Motorist is stopped at a red light when she is startled by a loud crash. Her head jerks forward as her car is shaken. She has just been rear-ended by Cathy Careless, a New Jersey Department of Transportation (“DOT”) worker on her way to an appointment in a state vehicle. The two exchanged insurance information, and Mary felt well enough to go home. Later, she found that she was still experiencing pain in her neck. Mary went to the doctor, who in turn sent her to a radiologist and an orthopedist. Mary was diagnosed with whiplash and a sprain of the cervical spine. After consulting with a personal injury attorney, Mary filed suit against Cathy Careless and the New Jersey DOT, seeking damages for pain and suffering. Discovery revealed that in the opinion of Mary’s orthopedist, Mary’s injuries were permanent and that she would suffer chronic pain in her back and neck for the rest of her life. View More