NJ Cops | Page 11

decisions. However, the Court in this case concluded that deference was not warranted. The Court rejected the Board’s argument that the incident which resulted in the officer’s disability was inherently associated with his training, experience and responsibilities as a police officer and thus could not be characterized as “undesigned and unexpected.” To the contrary, the Court emphasized that an officer’s training and responsibilities as a police officer were not relevant factors in determining whether the event that caused the injury was “undesigned and unexpected.” In looking at the incident in this case, the Court noted that the undisputed facts established that an inherently dangerous high-speed pursuit through the streets of Belleville turned unexpectedly into a significantly more violent incident, which caused the officer’s permanent psychological disabling injury. In determining whether an occurrence was “undesigned and unexpected,” the Court emphasized that the focus must be on the spontaneous unforeseen actions of the suspect who acted to intentionally run down the officer’s partner with the stolen car. The officer’s partner was struck with sufficient force to thrust him into the air. In addition, the suspect was killed by a single gunshot to the head fired by the officer’s partner immediately before he was struck by the car. These factors were particularly relevant in the Court’s conclusion that the incident was “undes YۙY[