SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Blase J. Toto, et al. v. Sheriff's Officer Rolando Ensuar, et al. (A-53-07)

Argued April 7, 2008 -- Decided August 4, 2008

WALLACE, J., writing for a unanimous Court.

The verbal threshold of the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, requires that a plaintiff sustain an objective permanent injury to recover damages. In this case, the Court considers whether the verbal threshold applies to a willful misconduct claim against a public employee. The Court considers also whether the trial court erred in failing to instruct the jury that the Act’s good faith defense does not apply to false arrest/false imprisonment claims.