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VOL. 2, NO. 102 DECISIONS RELEASED JUNE 8, 1994 AUTOMOBILES – ADMINISTRATIVE LAW AND PROCEDURE 05-2-3469 Div. of Motor Vehicles v. Thomas J. Burd, (7 pp.) Where the division revoked for 47 months license of defendant driver, who was accused of driving a truck involved in a head-on collision in which someone was killed, division’s action was proper, since the driver failed to show that the decision was arbitrary or capricious. AUTOMOBILES – NEGLIGENCE 05-2-3470 Martin Goodfriend and Dorothy Goodfriend v. Emanuel D. Lerner and Bella Lerner, App. Div. (4 pp.) Where in a case involving a defendant driver who struck plaintiff pedestrian while crossing a street, trial court properly denied plaintiff’s motion for a new trial after the jury found both parties 50 percent negligent, since the damage award was not so disproportionate that it shocked the court’s conscience. CIVIL RIGHTS – LABOR AND EMPLOYMENT 46-2-3471 Nancy V. Negron v. Jersey City Medical Center, App. Div. (10 pp.) Where social worker, who suffered from depression, wanted to rescind her resignation from the AIDS unit at defendant hospital and apply for another position, Division of Civil Rights erred in finding that the hospital did not know that she suffered from depression when it refused to rescind her resignation; upon such a finding she was handicapped under L.A.D, and the matter is remanded. COMMERCIAL TRANSACTIONS – INSURANCE 08-2-3472 John Lawson v. Forest City Residential Constr. et al., App. Div. (4 pp.) Where employee of subcontractor-indemnitor sued defendant general-contractor indemnitee for compensation for injuries received on the job, trial court properly held that the parties’ indemnity agreement covered this claim, since the agreement clearly set forth indemnification where the injury was caused in part by a breach of duty by both the subcontractor and the general contractor. FAMILY LAW 20-2-3473 Lorraine Demmers v. Robert Richard Demmers, App. Div. (17 pp.) Where both parents sought custody of their two children and mother was being transferred to Texas, trial court erred in awarding primary custody to the father, since the children’s interviews were not recorded, violating R. 5:8-6 and R. 5:3-2. JURISDICTION – COMMERCIAL TRANSACTIONS 24-2-3474 Howard P. Phykitt, et al. v. Granutec, Inc., et al., App. Div. (13 pp.) Where plaintiff, a former New Jersey resident, now a North Carolina resident, sued defendant corporation for money due under a stock agreement, trial court erred in dismissing the complaint on forum non conveniens grounds, made on its own motion, since the dismissal would cause serious economic hardships to plaintiffs and the choice of forum was not “designed to subject [defendants] to `harassment and vexation.’” LANDLORD/TENANT – GOVERNMENT 27-3-3475 Jersey Cent. Power & Light Co. v. Kingsley Arms, Inc. and Asbury Park Hous. Auth., Law Div. (6 pp.) Where, in an earlier opinion, the court ordered that money owed to apartment complex by housing authority be paid, and where housing authority now argues that no time limit should be placed on its obligation to pay, trial court issued a writ of mandamus that required housing authority to pay the apartment complex immediately, since there was no dispute that money was owed. [Approved for publication June 8, 1994.] LAND USE 26-2-3476 I/M/O Appeal of Atl. City Elec. Co., et al., App. Div. (8 pp.) Where township denied utility’s application to build an electric substation on its land in Washington Township, on grounds of increased electric and magnetic fields, administrative law judge properly held that the substation was reasonably necessary for the service, convenience, or welfare of the public, since the decision was based on substantial evidence. TORTS 36-2-3477 Hattie Glass v. Bright Hope Baptist Church, et al., App. Div. (3 pp.) Where church day-care center volunteer sued church for injuries she received when a child knocked her down, trial court properly dismissed the complaint, since church is immune in the case because day-care operation furthered of the church’s religious, charitable and educational purposes. CRIMINAL LAW AND PROCEDURE 14-1-3478 State v. Keith Stewart, Supreme Ct. (16 pp.) Where defendant, who pled guilty to controlled dangerous substance possession with intent to distribute within 1,000 feet of school property, applied for an early release program, the trial court erred in granting defendant’s application, since N.J.S.A. 2C:35-12 expressly prohibits a court from imposing a lesser prison term than provided in the plea agreement.

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