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VOL. 2, NO 150 DECISIONS RELEASED AUGUST 19, 1994 CONTRACTS – GOVERNMENT 11-2-3936 Barnett and Herenchak, Inc. v. State of New Jersey, Dep’t of Transportation, App. Div. (12 pp.) Where plaintiffs entered into a contract with the state to perform engineering consulting services, trial court erred in finding that the state owed the plaintiffs the full amount the plaintiffs claimed, since the trial judge ignored certain contract payment provisions. INSURANCE – AUTOMOBILES 23-3-3937 Fatelin Guy, et al. v. Lawrence G. Petty, et al., Law Div. (21 pp.) Where plaintiffs claimed that the verbal threshold was unconstitutional for low-income people since they were forced to choose it because they could not afford the higher no-threshold premiums, trial court held that the verbal threshold is constitutional, since it does not implicate either a suspect class or fundamental rights. [Approved for publication August 19, 1994]. INSURANCE – ENVIRONMENT 23-3-3938 UMC/Stamford, Inc., et al., v. Allianz Underwriters Ins. Co., et al., Law Div. (22 pp.) Where insured, which used a hazardous chemical at two facilities, sought coverage from insurers to pay for clean-up costs, trial judge denied insurers’ motion to dismiss the complaint based on the “owned-property” exclusion, since factual issues existed as to whether there had been groundwater contamination at the two sites. [Approved for publication August 19, 1994.] PHYSICIAN/PATIENT – NEGLIGENCE 29-2-3939 Alice Kozma and George Kozma v. Zimmer, Inc., Bayshore Community Hosp. and Sonya Carsten, et al., App. Div. (13 pp.) Where patient sued the hospital for negligence when a piece of surgical equipment became imbedded in her spine, trial court erred in holding that the 1991 amendment to the Charitable Immunity Act was retroactive, since it was contrary to the holding in Shiavo v. John F. Kennedy Hosp., 258 N.J. Super. 380 (App. Div. 1992), aff’d o.b., 131 N.J. 400 (1993). CRIMINAL LAW AND PROCEDURE 14-2-3940 State v. Richard Sykes, App. Div. (13 pp.) Where defendant was convicted of four counts of third-degree burglary and weapons possession, trial court erred in bringing three counts of weapons possession charges against him, since there was no supporting evidence. EDITORS’ NOTE: There will be no Alert published on Monday, August 22, 1994, since no cases are being released.

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