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VOL. 2, NO. 104 DECISIONS RELEASED JUNE 10, 1994 EDUCATION – LABOR AND EMPLOYMENT – CIVIL PROCEDURE 16-2-3492 Franklin Township Bd. of Educ. v. Quakertown Educ. Ass’n, et al., App. Div. (10 pp.) Where school union appeals from chancery judge’s award of strike-related expenses to board, trial court erred in awarding all attorney’s fees incurred during the strike since, under R. 1:10-5, in this case the board is entitled to fees only resulting from its expenses related to the filing of an order to show cause; this court disagreed with the holding in Passaic Township Bd. Of Educ. v. Passaic Township Educ. Ass’n, 222 N.J. Super 298 (App. Div. 1987), which said that continuing monetary sanctions imposed to secure compliance with a court order under R. 1:10-5 require an adjudication of contempt following a proceeding under R. 1:10-2 and -4, since such sanctions, if unrelated to a litigant’s damages, are a proper tool to compel compliance. INSURANCE – AUTOMOBILES 23-2-3493 Soo Man Kim and Kwang Kim v. Albert J. Postiglione and Bong Mun Chang, App. Div. (12 pp.) Where out-of-state resident, who was subject to the Deemer statute at N.J.S.A. 17:28-1.4, injured his back in a car accident, trial court erred in dismissing the complaint for failure to meet verbal-threshold criteria, since the plaintiff had produced sufficient objective, credible medical evidence and the injuries had a serious impact on his life. 23-2-3494 Dwayne T. Lusby, et al v. Edward F. Hitchner, et al., App. Div. (18 pp.) Where after plaintiff child, a New Jersey resident, became comatose after being struck by defendant’s Delaware-registered truck, and Medicaid paid the medical expenses because defendant’s Delaware insurer refused, trial court properly (1) held that Medicaid benefits are secondary to benefits available under automobile no-fault insurance, (2) allowed the complaint to be amended after a two-year statute of limitations for equitable reasons, so the plaintiff can assert a direct PIP claim against the insurer, and (3) barred plaintiff from seeking medical expenses in the negligence action, because the medical benefits should be paid by the insurer. LABOR AND EMPLOYMENT 25-2-3495 Joan Thiel v. Bd. of Review and Roots, Inc., App. Div. (4 pp.) Where employee thought that she was fired when the vice president stated that if she was unhappy working here, she was free to leave, Department of Labor Review Board properly denied unemployment benefits, since she was not fired, but voluntarily quit. CRIMINAL LAW AND PROCEDURE 14-2-3496 State v. Charles Hill, App. Div. (8 pp.) Where defendant and co-defendant were convicted of cocaine and heroin possession, trial court properly answered a juror’s question on accomplice liability — by stating that “mere presence” was not sufficient to establish criminal liability when asked whether defendant could be found guilty if he knew that a crime was being committed in his presence but did nothing to stop it — since looking at the judge’s answer in conjunction with the jury charge, the jury was properly instructed. 14-2-3497 State v. John Howard, App. Div. (9 pp.) Where defendant pled guilty to cocaine possession, trial court properly denied defendant’s suppression motion, since at a pretrial hearing detective’s testimony established that the detective saw a crime in progress and radioed the defendant’s description to the officer who arrested the defendant, whose identity was later confirmed by the detective.

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