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Vol. 2, No. 2 DECISIONS ISSUED JANUARY 4, 1994 FAMILY LAW 20-2-2256 Candace Seeburg v. Robert Seeburg, App. Div. (4 pp.) Trial court acted within its discretion by ordering husband who had a monthly income of $971 per month to pay $370 per month in child support and arrearges, since the order protects the best interests of the children and leaves husband with enough money to survive. INSURANCE 23-2-2257 Walter Hayes et al. v. Pittsgrove Township Board of Education et al., App. Div. (9 pp.) Provision of the Tort Claims Act, N.J.S.A. 59:9-2(e) — which bars subrogation actions against public entities — prohibits company that provided its employees with a private health insurance plan from recovering medical expenses for an employee’s daughter who was injured on defendant school board’s property. PRODUCT LIABILITY – EVIDENCE 32-2-2258 Robert Firth v. Grob, Inc., App. Div. (14 pp.) (1) In a suit alleging that manufacturer of band saw should have provided warnings that the saw should not be operated if the safety guides were worn, evidence that plaintiff checked for wear on the safety guides prior to use did not compel jury to conclude that a warning would not have helped, since manufacturer provided no instructions on how to detect wear or the consequences of not replacing worn out guides. (2) Trial court properly denied manufacturer’s motion to admit an accident report prepared by plaintiff’s employer shortly after the accident, since there was no evidence that the report’s conclusions about the cause of the accident were based on the knowledge of those who observed what happened. REAL ESTATE – COMMERCIAL TRANSACTIONS 34-2-2259 The Summit Trust Co. v. Willow Business Park, L.P. et al., App. Div. (12 pp.) Where commercial developer defaulted on loan that was secured by a note, personal guaranties and a mortgage on the site to be developed, lending bank was entitled to seek judgment on the note and the guaranties without first foreclosing on the mortgage or crediting the developer and its guarantors for the fair market value of the property. CRIMINAL LAW AND PROCEDURE 14-2-2260 State v. Victor Morales, App. Div. (5 pp.) Conviction for sexual assault of a child was reversed where the trial court permitted investigator to testify about a conversation he had with victim’s three-year old sister, since this testimony constituted inadmissible hearsay. 14-2-2261 State v. Charles Rumcie, App. Div. (14 pp.) Where state attempted to prove that defendant knew that his car passenger possessed drugs by presenting evidence that the two of them had been transporting drugs together for two years, conviction was reversed since trial court failed to instruct jury that the other-crimes evidence could only be used for this limited purpose.

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