Kahrar v. Borough of Wallington
Feb 22, 2002OUTCOME: Reversed Appellate Court Decision
The Plaintiff tore her rotator cuff after falling into a hole in the middle of a street. Plaintiff needed to prove whether the injured party's shoulder injury constituted a permanent loss of a bodily f ... unction in order to satisfy the threshold requirement for a lawsuit against a municipality. The Supreme Court advised that to recover under the act, the injured party had to prove an objective permanent injury and a permanent loss of a bodily function that was substantial. The Supreme Court disagreed with the Appellate Court and found that the record revealed the seriousness of the injured party's rotator cuff tear. In addition, despite the successful surgery that alleviated the pain, the injured party's ability to use her arm to complete normal tasks had been significantly impaired. Additionally, the Supreme Court observed the reduction in normal function appeared to be both permanent and substantial. Therefore, the Supreme Court held that the Plaintiff had adequately demonstrated a permanent and substantial loss of a bodily function. Accordingly, the Supreme Court held the shoulder injury satisfied the statutory threshold requirement.
