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Vol. 2, No. 1 DECISIONS ISSUED JANUARY 3, 1994 ADMINISTRATIVE LAW AND PROCEDURE 01-2-2248 Edward Kerstetter v. State of N.J., Division of State Lottery, App. Div. (5 pp.) Where lottery agent was required to pay for numbers entered into his machine for which no tickets were printed, trial court properly concluded that agent was not entitled to the prize on those numbers that were winners, but agent was entitled to a refund since the numbers constituted oounissued tickets” under division rules. 01-2-2249 Anthony Vanderbergh v. State of N.J., Division of State Lottery, App. Div. (5 pp.) In suit by plaintiff who claimed to won the lottery, trial court properly granted summary judgment in favor of state since plaintiff did not comply with division’s rules requiring him to produce the winning ticket and to file his claim within one year of the drawing. CONSTITUTIONAL LAW – TORTS 10-2-2250 Turf Lawnmower Repair, Inc. et al. v. Bergen Record Corp. et al., App. Div. (9 pp.) Trial court properly concluded that the actual malice standard applied in defamation suit brought by company that repaired lawn mowers for members of the general public, since the company’s business implicated legitimate public concerns. LABOR AND EMPLOYMENT 25-2-2251 In the Matter of Arbitration Between TNT Red Star Express, Inc. and International Brotherhood of Teamsters Local 560, App. Div. (7 pp.) Arbitrator properly upheld employer’s termination of employee based on evidence that employee violated collective bargaining agreement by stealing from one of employer’s customers, and Law Division erred by reversing arbitrator’s decision. LAND USE – CIVIL PROCEDURE 26-2-2252 Mansfield Residents Concerned About Shongum et al. v. Mansfield Township Zoning Board of Adjustment et al., App. Div. (5 pp.) Under the time of decision rule, zoning board’s decision that plaintiff’s construction of a rifle range qualified as a conditional use must be reversed where the relevant ordinance was amended to prohibit such use before the appeal was heard. PRODUCT LIABILITY 32-2-2253 John Roberts et al. v. Rich Foods, Inc. et al. v. Cadec Systems, Inc. et al. v. Rich Foods, Inc., App. Div. (13 pp.) In product liability suit against manufacturer of computer that truck driver was attempting to operate at the time he caused an accident, trial court erred by instructing jury on the defense set forth in N.J.S.A. 2A:58C-3a(2) — which insulates manufacturer from liability for an unsafe aspect of the product that would be recognized by an ordinary person — since it was undisputed that the usefulness of the computer would not have been impaired if it were designed so that it would not operate while the truck was in motion. PUBLIC EMPLOYEES 33-2-2254 Department of Public Works v. Thomas Rakus, App. Div. (5 pp.) Merit System Board properly concluded that employee’s fourth-degree conviction for marijuana distribution neither involved dishonesty nor touched his employment, which would result in employee automatically forfeiting his position under N.J.S.A. 2C:51-2(a). CRIMINAL LAW AND PROCEDURE 14-2-2255 State v. Leroy Buhl, App. Div. (28 pp.) Trial court acted within its discretion by denying both of defendant’s requests to have assigned counsel removed in order to be permit him to proceed pro se, since defendant frequently changed his mind about making the first request, and the second request, which was made immediately before the jury was impaneled, was untimely.

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