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VOL. 2, NO. 93 DECISIONS RELEASED MAY 25, 1994 CONTRACTS 11-2-3369 K. Ken Chin and Rose G. Chin v. Sabah Corp. and Bosco Yong, App. Div. (8 pp.) Where under a contract to purchase a restaurant business between plaintiff buyers and defendant seller, buyers executed their right to void agreement and demand security deposit, because they could not agree on lease terms with restaurant landlord, trial court, in suit over security deposit, erred in splitting the deposit between the buyers and the seller, since buyers were entitled to a full refund under the contract. FAMILY LAW 20-2-3370 Patricia M. Duffy v. Louis M. Norica, App. Div. (4 pp.) Where wife sued husband for an increase in child support for five children, trial court erred in setting child support at $325 per week and reducing husband’s arrearage obligation to $10 from $35 per week, since the decision violated the Child Support Guidelines. INSURANCE 23-2-3371 Supermarkets Gen. Corp. v. Liberty Mut. Ins. Co., App. Div. (21 pp.) Where a driver sued a supermarket for injuries he sustained while unloading his trailer using the supermarket’s electric pallet jack, after getting brief instructions on its use from a supermarket employee, trial court erred in ordering the driver’s motor-vehicle insurer to pay for one half of the supermarket’s damages under the “complete operations doctrine,” since the mere giving of the instructions by the employee did not constitute “use” of the vehicle under the policy. INSURANCE – AUTOMOBILES 23-2-3372 Luis Irizarry v. Seung In Jung, et al., Ferdinand Detres, et al., and Enid Irizarry v. Luis Irizarry, et al., App. Div. (8 pp.) Where plaintiffs Luis and Enid Irizarry injured their backs in an automobile accident, trial court correctly held that Luis failed to meet the verbal threshold, since he did not demonstrate that his back injury was related to the automobile accident; the trial court, however, erred in dismissing Enid’s complaint for failure to meet the verbal-threshold criteria because she presented objective medical evidence and properly demonstrated that the back injury had a serious impact on her life. 23-2-3373 Alba Ramirez, Fernandina Atehortua, et al. v. Abel Ramirez and Jose Ortiz, et al., App. Div. (5 pp.) Where plaintiffs injured their backs and necks in an automobile accident, trial court properly dismissed their complaint for failure to meet verbal-threshold criteria, since both presented objective medical evidence, but they did not demonstrate that the injuries seriously affected them. JURISDICTION – INSURANCE – ENVIRONMENT 24-2-3374 Nabisco Brands, Inc., et al. v. The Fed. Ins. Co. and Lumbermens Mut. Ins. Co., App. Div. (7 pp.) Where insured sued insurers to recover cleanup costs for a contaminated New York site, trial court properly dismissed insured’s complaint on the grounds of forum non conviens, since New York’s interest in the suit is stronger than New Jersey’s interest. LANDLORD/TENANT 27-2-3375 Raymond Cranmer v. Lower Township Util. Auth., App. Div. (13 pp.) Where plaintiff tenant sued utility challenging utility’s policy of obligating a tenant to pay an unpaid portion of the landlord’s sewer bill before service would be restored in tenant’s residence, trial court properly held (1) that the tenant was not responsible for the charges incurred when he was not a tenant, since the tenant was an innocent third-party, and (2) that the tenant was not responsible for the interruption-of-service fee, since this debt was also incurred by the landlord. WORKERS’ COMPENSATION 39-2-3376 Frederick Colon v. Coordinated Transp., App. Div. (7 pp.) Where truck driver’s left shoulder and lumbar spine were injured in a motor vehicle accident, workers’ compensation judge properly held that the driver failed to prove a permanent injury to his lumbar spine, since the decision was based on credible evidence in the record.

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