Discretion to award attorney's fees; limitation

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59:9-5. Discretion to award attorney's fees; limitation

In any action brought against a public entity or a public employee under this act, the court may, in its discretion, award a successful claimant (a) costs ordinarily allowable in the private sector (b) expert witness fees not exceeding a total of $100.00 and (c) reasonable attorney's fees; provided however that there shall be no such recovery in any case where damages are awarded for pain and suffering.

L.1972, c. 45, s. 59:9-5.


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