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Vol. 2, No. 10 DECISIONS ISSUED JANUARY 19, 1994 CIVIL PROCEDURE 07-2-2344 Redwood Drywall, Inc. v. John Popolillo et al., App. Div. (5 pp.) Service of process on defendant was ineffective since process was sent through the regular mail to defendant’s business address, not his home as required by R. 4:4-4(e). CIVIL PROCEDURE – TORTS 07-2-2345 George Burke v. General Motors Acceptance Corp., App. Div. (5 pp.) Trial court should have granted defendant’s motion to vacate default judgment imposing punitive damages on defendant for violating settlement agreement with plaintiff by publishing certain information in a credit report, since plaintiff alleged no wrongdoing by defendant beyond violation of the agreement provision. DEBTOR/CREDITOR 15-2-2346 Hayward Pool Products, Inc. v. Alexander Iler et al., App. Div. (7 pp.) Trial court erred by concluding that plaintiff’s alleged negligence in auditing its books precluded it from receiving summary judgment in suit to recover property under the Uniform Fraudulent Transfer Act, N.J.S.A. 25:2-32, since the act does not provide that equitable principles can supplant recovery. FAMILY LAW 20-2-2347 Barbara Norton v. Peter Norton, App. Div. (17 pp.) Remand was ordered from trial court’s post-divorce order pertaining to child support and payment of educational expenses, since the court failed to articulate its factual and legal conclusions and the record did not contain the parties’ current case information statements. INSURANCE- AUTOMOBILES 23-2-2348 N.J. Automobile Full Insurance Underwriting Assoc. et al. v. Liberty Mutual Insurance Co., App. Div. (7 pp.) JUA servicing carrier forfeited its right under N.J.S.A. 39:6A-9.1 to reimbursement of PIP benefits from insurer of tortfeasor involved in auto accident, since carrier failed to demand formal arbitration of the matter within two years of the filing of the PIP claim. 23-2-2349 Rutgers Casualty Insurance Co. v. Chris Vassa, App. Div. (5 pp.) Insured who received confirmation of arbitration award against underinsured tortfeasor without informing his UIM carrier was precluded from seeking UIM coverage. NEGLIGENCE 31-2-2350 Michael Stella v. Estate of Dr. Frank Greene, Karen Ruckdeschel et al., App. Div. (25 pp.) Trial court properly concluded that plaintiff’s suit against nurse alleging that her negligent delivery of an infant contributed to infant’s development of cerebral palsy did not require a jury instruction appropriate for an “increased-risk-of-harm” case, since plaintiff presented no evidence that the cerebral palsy was caused by a combination of defendant’s actions and a preexisting condition in the infant. PARENT/CHILD 28-2-2351 In the Matter of the Guardianship of S.R.H., I.B.H., L.R.H. and J.M.H., App. Div. (6 pp.) Trial court properly terminated parental rights of mother who had neglected her children based on expert testimony that mother was unlikely to change her behavior and sufficiently attend to the needs of the children. PUBLIC EMPLOYEES 33-2-2352 In the Matter of Melvin Myers, App. Div. (8 pp.) Worker who was transferred from the Department of Environmental Protection and Energy to the newly created Water Supply Authority did not lose his status as a career service employee since he performs essentially the same job at the new agency, and Merit System Board erred by concluding that it lacked jurisdiction to hear worker’s grievance. PUBLIC EMPLOYEES – ARBITRATION AND MEDIATION 33-2-2353 Scotch Plains-Fanwood Board of Education v. Scotch Plains-Fanwood Education Association, App. Div. (14 pp.) Arbitrator erred by reversing board’s decision to deny a salary increment to teacher who was frequently absent on the ground that the board did not establish that the decision would induce teacher to improve her attendance, since collective bargaining agreement provided that such increments “may be” authorized by the board and “are not automatic.” WORKERS’ COMPENSATION 39-2-2354 Frank Juliano v. United Parcel Service, App. Div. (11 pp.) Remand was ordered from compensation judge’s ruling on the extent of worker’s partial total disability since judge failed to analyze the relevant medical evidence on the record. CRIMINAL LAW AND PROCEDURE 14-2-2355 State v. Charles Covington, App. Div. (7 pp.) Defendant who was arrested after traffic stop was not entitled to a new hearing on the admissibility of drugs seized as the result of an allegedly improper pat-down search, based on his claim that he did not waive his right to be present at the first hearing, since the drugs possessed by defendant would have been inevitably discovered because driver had consented to a search of the car which led to discovery of drugs and defendant’s arrest. 14-2-2356 State v. Walter Creter, App. Div. (11 pp.) Defendant was not prejudiced by juror who made comments criticizing the pace of the trial proceedings, since the juror was excused and the other jurors were questioned by the court and indicated that the comments would not influence them. 14-2-2357 State v. John Melvin, App. Div. (6 pp.) Weapon and drugs convictions were reversed where arresting officer testified to and the prosecutor repeatedly emphasized the fact that officer knew that defendant possessed a gun before he executed a search warrant for a club where defendant was arrested, since the evidence implied that the police were told by an non- testifying informant that defendant was armed. 14-2-2358 State v. Jose Opio, App. Div. (14 pp.) Robbery and felony murder convictions were reversed with instructions to enter a judgment of acquittal where the state failed to present evidence that defendant’s beating of victim was connected with his subsequent theft of a check. 14-2-2359 State v. Ramon Quinones, App. Div. (9 pp.) Trial court erred by permitting juvenile who invoked her right against self-incrimination to be called as a witness by prosecutor to testify to her name and age, since although this information was relevant to charge of employing a juvenile for drug distribution, the court should not have permitted the juvenile to be called for any purpose.

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