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VOL. 2 NO. 98 DECISIONS RELEASED JUNE 2, 1994 EDUCATION 16-2-3429 In the Matter of the Petition of the Bd. of Educ. of Wayne, et al., App. Div. (21 pp.) Where students’ bus transportation to school was stopped because the children lived less than two miles from the school, Board erred in using a private road in its measurement of the distance, since the road was not safe for student transportation, and therefore could not be used for the measurement. FAMILY LAW 20-2-3430 Norman S. Knee v. Barbara F. Knee, App. Div. (14 pp.) Where husband tried to set aside a property settlement agreement on grounds that he signed it under duress, trial court properly upheld the agreement, since the trial judge’s action — in explaining to the husband that (1) if he did not consent to the settlement agreement, the only consequence would be that the matter would be tried, and (2) he would not go to jail — did not constitute duress. INSURANCE – AUTOMOBILES 23-2-3431 Felicia Elliott v. Wilnette Hentz, et al., Where plaintiff automobile passenger claimed that she was not subject to the verbal threshold because the vehicle in which she was a passenger was registered and insured as a commercial vehicle, trial court properly rejected passenger’s claim, since the motor vehicle was an automobile under the No-Fault Act. 23-2-3432 Henry Kurz and Lesley Kurz v. The Travelers Ins. Co., App. Div. (8 pp.) Where plaintiff driver, who was injured in an automobile accident, and his wife sued insurer, which provided underinsured motorist coverage, for the difference between the UIM limit and the money they had already received from other insurers, trial court properly denied plaintiffs’ claim, since the person who caused the accident was not underinsured, under N.J.S.A. 17:28-1.1e. TORTS 36-1-3433 Eileen M. Dunphy v. James L. Gregor, Supreme Ct. (36 pp. incl. dissent) Where plaintiff saw a car strike her fiance, with whom she had been living, trial court erred in dismissing plaintiff’s claim for negligent infliction of emotional distress, since, because she shared an intimate familial relationship with the victim, she should receive the protections of bystander liability for the negligent infliction of emotional distress. CRIMINAL LAW AND PROCEDURE 14-2-3434 State v. Paul Clark, App. Div. (4 pp.) Where defendant was convicted of robbery for taking $20 that a customer had placed on a McDonalds’ counter and then hitting the customer, trial court properly convicted the defendant, since the state had proven that defendant used force during his flight from the crime scene. 14-2-3435 State and County of Somerset v. Charles Craft Int’l Fidelity Ins. Co. & James B. Kellay, App. Div. (4 pp.) Where defendant who was charged with second-degree aggravated assault, violated a special bail condition that he could not contact the victim, trial court properly denied bondsman and commercial surety’s appeal from an order forfeiting portion of the bail, since the surety knew all the risks, including the bail condition, before posting the bond. 14-2-3436 State v. Albert A. Johnson, App. Div. (23 pp.) Where defendant and co-defendant were convicted of cocaine possession after a lawful automobile search, trial court properly denied defendant’s motion to suppress the cocaine seized from co-defendant’s pocketbook, since the police officer had a reasonable fear that the co-defendant was reaching into her purse for a weapon.

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