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VOL. 2 NO. 95 DECISIONS RELEASED MAY 27, 1994 ATTORNEY/CLIENT 04-2-3393 Anthony Massaro, et al. v., The Planning Bd. of the Township of Dover, et al. v. Joseph A. Covucci and Rosemarie Covucci, App. Div. (13 pp.) Trial court properly denied plaintiff intervenors’ legal-fee reimbursement application filed against defendants for expenses supposedly incurred because the town allegedly failed to respond properly to a request for admissions made by one of the plaintiff’s attorneys, since town’s attorney timely objected to the request and intervenor’s counsel could have applied to the court for relief under R. 4:22-1 and R. 4:23-1(a). DEBTOR/CREDITOR 15-2-3394 Waldorf Group, Inc. and Kennedy Funding, Inc. v. Millie Lamberty, App. Div. (3 pp.) Where defendant mortgagor challenged the validity of third mortgage issued by plaintiff mortgagees on the basis of fraud, duress and undue influence, trial court properly voided the mortgage, since record clearly showed that mortgagor was pressured into executing the mortgage on the false promise that the second mortgage would be paid off. ENVIRONMENT – HEALTH 17-3-3395 Russo, et al. v. Allied Signal, Inc., Law Div. (10 pp.) Where company’s predecessor in interest contaminated Jersey City’s Metro Field/Park with chromium, trial court granted plaintiffs’ request to be certified as a class (which would include those who have used the park for at least 10 games or its equivalent) in suit for medical monitoring costs and personal injury damages. {Filed May 18, 1994.} INSURANCE – AUTOMOBILES 23-2-3396 Juanita Johnson v. F. Mesanko & Son, and Aetna Casualty & Sur. Co., App. Div. (10 pp.) Where after being involved in an automobile accident, insured sued broker and insurer for not telling her about underinsured motorist coverage, trial court properly dismissed the complaint, since the insurer had notified the insured about the coverage by mailing her the buyer’s guides and coverage selection forms. LABOR AND EMPLOYMENT 25-2-3397 William Giles v. Savemart, Inc., App. Div. (4 pp.) In wage claim action, trial court properly held that employee was entitled to additional pay at time-and-a-half for lunch hours he was not permitted to take under store policy, since the employee was required to remain on the premises during his lunch hour, the only time during a work day that he could attend to personal business. 25-2-3398 Linda Radice v. Bd. of Review, Dep’t of Labor, and Caldor, Inc., App. Div. (8 pp.) Where employee received several notices informing her that if her absences continued she would be fired, Review Board properly denied unemployment benefits, since failure to come to work for personal reasons constituted “a voluntary leaving of work without good cause attributable to such work.” LABOR AND EMPLOYMENT – NEGLIGENCE 25-2-3399 Lonnie Wilson and Roberta Wilson v. Nouri Constr. Co., App. Div. (4 pp.) Where jury found general contractor not negligent in suit brought by subcontractor for failure to provide a safe workplace for injuries the subcontractor sustained when a temporary two-by-four guardrail broke, trial court’s record indicated that it did not treat OSHA regulations inconsistently. NEGLIGENCE 31-2-3400 Maurice Audige, et al. v. Cruz Constr. Corp., App. Div. (7 pp.) Where in flood-damage suit, store owners relied on city supervising engineering aide’s testimony to prove that store flood damage was caused by construction company’s work on a sewer pipe, trial court properly (1) limited aide’s testimony to the four corners of his reports (which did not address whether the company had breached any specific duty in its work), and (2) directed a verdict in company’s favor, since store owners could not get their case to the jury without expert testimony. TORTS 36-2-3401 John A. Cappello v. John R. Scott, et al., App. Div. (4 pp.) Where plaintiff police officer filed a defamation suit against defendant attorney for statements the attorney made to the press about a law suit the attorney filed against the police officer for using excessive force against his client during an unlawful arrest, trial court properly held that the attorney’s absolute privilege to defame a person in a complaint does not apply to his communications to the press, which is only a qualified privilege. WORKERS’ COMPENSATION 39-2-3402 Hulley Goodwin and Marilyn Goodwin v. Manitowoc Co., Inc., v. Ole Hansen & Sons, Inc., App. Div. (3 pp.) Where crane operator, a joint-venture employee, who collected worker’s compensation for injuries, sued the crane owner for damages, trial court erred in dismissing the complaint on the basis that the crane owner was part of the joint venture; the matter is remanded, to determine whether the crane owner was the operator’s employer for the purposes of the workers’ compensation statute. [Filed May 19, 1994.] CRIMINAL LAW AND PROCEDURE 14-2-3403 State v. Rocco Corage, App. Div. (5 pp.) Where defendant, whose pretrial intervention application was denied, claimed that police officers promised that they would recommend him for the Pretrial Intervention Program if his cooperation benefited local undercover operations, trial court properly found that the prosecutor did not abuse his discretion in denying the application, since the prosecutor did not know about the police officers’ promise. 14-2-3404 State v. Peter Repoli, App. Div. (4 pp.) In a second-degree robbery conviction, trial court erred in instructing the jury on the element of force, and the verdict was changed a third-degree theft from a person, since it does not have force as an element. EDITOR’S NOTE: The Alert will not be issued and orders will not be filled on Memorial Day, Monday, May 30, 1994.

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