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VOL. 2 NO. 124 DECISIONS RELEASED JULY 11, 1994 AUTOMOBILES 05-02-3722 Kazimierz Pokrzywa v. Clarence A. Hoaglund, App. Div. (5 pp.). Summary judgment properly granted in verbal threshold case because notwithstanding plaintiff’s bulging disc which constituted objective evidence of injury, plaintiff did not establish serious impact on his life because he still could work and cut the grass, even if, at times, it was difficult for him or he needed help to perform these functions. CIVIL PROCEDURE 07-2-3723 Michelle Allan v. New Jersey Sports and Exposition Authority, App. Div. (6 pp.) Ignorance of statutory requirement of filing notice of claim against public entity may constitute “sufficient reasons” for failing to file within the time limit prescribed by statute, N.J.S.A. 59:8-8, -9, and trial judge erred in applying a test of “extraordinary reasons for the delay.” 07-2-3724 MortgageLinq Corporation and Federal Home Loan Mortgage Corporation vCommonwealth Land Title Insurance Company et al., App. Div. (4 pp.) Where plaintiffs failed to include defendants as parties in suit in another state, entire controversy doctrine bars litigation of germane claims against the same defendants in New Jersey, since it was plaintiffs’ choice to pursue claims in bifurcated manner. CONDEMNATION 44-2-3725 State v. Panaglia, Inc., App. Div. (11 pp.) Jury instruction allowing severance damages if the functional utility of the remaining land has not been destroyed, upheld. FAMILY LAW 20-2-3726 Donald Kretz v. Arlene Kretz, App. Div. (7 pp.). 1) Trial court abused its discretion in failing to find changed circumstances allowing mitigation of child support obligation where both adolescent children had moved in and were living with non-custodial parent 8 months and 4 months, respectively, before hearing. 2) Where judgment divided corporate assets equally and provided for relief if any future liabilities resulted, relief was also available for subsequent tax refund to corporation. GOVERNMENT 21-1-3727 In the Matter of Proceedings Concerning Probation Officers’ Membership in Law Enforcement Organizations etc., Sup. Ct. (43 pp.) Longstanding policy of prohibiting probations officers from becoming members of law enforcement organizations will continue, since probation is a judiciary function incompatible with law enforcement, and separation of the two is necessary to the impartiality of the probation function and to the integrity of the judiciary. INSURANCE 23-2-3728 Stephanie DeFelice, Administrator v. Lana J. Beall and New Jersey Automobile Full Underwriting Association, App. Div.(9 pp.) Since all claims by dependents of insured killed in automobile accident — for loss of care, guidance, advice or services — are subsumed in a single action under the Wrongful Death Act, the claim of an administrator or executor is subject to the “per person” limit of the policy. LAND USE 26-2-3729 Victor Recchia Residential Construction, Inc. v. The Township of Essex Fells et al., App. Div. (13 pp.) (1) Amendatory zoning ordinance enacted after issuance of a zoning permit cannot invalidate the permit where permittee has commenced construction in reliance thereon. (2) Where planning board approval created an isolated, nonconforming use half a century ago, and owners have passed title since that time under belief lot was buildable, equity dictates against application of merger doctrine to invalidate use. PUBLIC EMPLOYEES/ARBITRATION AND MEDIATION 33-2-3730 New Jersey Highway Authority v. International Federation of Professional and Technical Engineers, Local 193, and Gerard Adamczyk, App. Div. (16 pp.) Arbitration award set aside because arbitrator acted contrary to pertinent statutory criteria, as well as the public interest and welfare, in allowing supervising toll collector to receive $17,000 in payment for accrued sick and vacation leave after internal agents caught him stealing tokens and money from Highway Authority; resignation letter which preceded termination hearing ineffective because termination related back to date supervisor was suspended without pay when apprehended with the stolen money. TAXATION 35-2-3731 Terrance and Kathleen Cronin v. Township of Hardwick, App. Div. (4 pp) Statutory provision permitting farmland assessment if property owner proves active agricultural use in the two successive years immediately preceding the tax year requires that taxpayer anticipated that the sales occur within the two year period and that payment be received within a reasonable time. TORTS 36-2-3732 Maria Cartagena v. Susan Groeling, et al., App. Div. (4 pp.). Trial court properly dismissed negligence claim against municipality arising from double line painted at intersection without corresponding stop sign, since township’s negligence would not have lessened deceased 51% comparative negligence because it cannot be reasonably inferred that the white line induced deceased to enter intersection without first making careful observation. CRIMINAL LAW AND PROCEDURE 14-2-3733 State v. Anthony C. Bazemore, App. Div.(6 pp.). It is plain error to fail to give model jury charge for alternate juror empaneled after deliberations have begun; merely addressing alternate juror, and not the entire panel, and failing to instruct that the jury should disregard or eliminate any impact that the discharged juror may have had on its deliberations, requires new trial. 14-2-3734 State in the Interest of A.M.B., App. Div. (4 pp.). Custodial sentence at Jamesburg reversed where the juvenile, a fine student accepted into college with a scholarship, committed burglary at the behest of an adult, and where probation department recommended against incarceration. 14-2-3735 State v. Willie Jackson, App. Div. (5 pp.) Judgment of conviction for possession of a weapon for unlawful purpose should have been set aside where jury found defendant not guilty of the related crimes which would have formed the factual basis. 14-2-3736 State v.Claire Kathleen Pragnell, App. Div. (6 pp.)DWI statute only requires one reading of .10 as sufficient to establish intoxication; second reading of .09% does not negate intoxication. 14-2-3737 State v. Glenn Marcus Robinson, App. Div. (14 pp.) In prosecution for armed robbery, it was error for trial judge to advise jury, in response to questions posed during deliberations, (1) that it is normal to have a suspect identified out of court without a lineup, since the judge’s remark may have lent credence to the accuracy of the out-of-court identification, which was the material question before the jury and (2) that defendant’s “creating a bulge” under his jacket may have created the reasonable impression that he was armed, since this impermissibly bolstered state’s case. 14-2-3738 State v. Barry Salmon, App. Div. (6 pp). Breathalyzer results properly admitted into evidence where, following lapse in certification, operator had completed refresher course days before administering test on defendant.

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