Hammer v. Township of Livingston

In Hammer v. Township of Livingston, 318 N.J. Super. 298, 723 A.2d 988 (App.Div.1999), the Court dealt with similar facts concerning psychological injuries. The plaintiff, Susan Hammer, a pedestrian, was struck by a fire chief station wagon operated by the Chief of the Livingston Fire Department. Id. at 301, 723 A.2d 988. She suffered multiple fractures to the left side of her body and several lacerations requiring immediate surgical repair. Ibid. She had residual scarring, including a thin diagonal scar on her right lower lip, a vertical scar extending from the corner of her right eye to her nose, a fifteen-centimeter scar on her left knee cap, an inverted "v" shaped scar on her elbow and two scars on her abdomen. Id. at 303, 723 A.2d 988. At depositions she complained of pain on the right side, that she could no longer walk with or lift her grandchildren, and could no longer have sexual relations with her husband. Id. at 302, 723 A.2d 988. Hammer was examined by a psychiatrist who diagnosed that she was suffering from post-traumatic stress disorder with severe phobic elements. Ibid. The psychiatrist reported that, although the condition had moderated, it appeared to be chronic and partially disabling. Ibid. He described her post-traumatic stress disorder as characterized by elements of anxiety and depression which had fallen into a mild range but for which full resolution had not been achieved. Id. at 302-303, 723 A.2d 988. He prognosticated that she would remain less than fully recovered and that her partial disability appeared to be permanent. Id. at 303, 723 A.2d 988. While concluding that the plaintiff's scars constituted substantial disfigurement under the statute, we determined that her post-traumatic stress disorder and debilitating psychological condition did not constitute a substantial permanent loss of bodily function. Id. at 306, 723 A.2d 988. The Court found it unnecessary to determine whether the circumstances were sufficiently aggravating to sustain a permanent psychological injury so as to qualify as a permanent loss of bodily function, because plaintiff's own doctor characterized her permanent psychological injury to be a mild level of anxiety and depression. Id. at 307, 723 A.2d 988.