Brooks v. Odom

In Brooks v. Odom, 150 N.J. 395, 696 A.2d 619 (1997), the plaintiff suffered from post-traumatic headaches and soft tissue injury to the neck and back. The treating doctor concluded that plaintiff, who suffered from chronic pain, had sustained a significant and permanent loss of function with an overall poor prognosis. Id. at 400, 696 A.2d 619. In holding that the proofs presented were not sufficient to meet the threshold required by N.J.S.A. 59:9-2(d), for an award of pain and suffering damages, the Supreme Court held that a plaintiff must sustain a permanent loss of the use of a bodily function that is "substantial." Id. at 406, 696 A.2d 619.