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VOL. 2, NO. 191 DECISIONS RELEASED OCTOBER 31, 1994 CONDEMNATION 44-2-4220 State of New Jersey by the Comm’r of Transp. v. Gary D. Wyman and Donna Wyman, App. Div. (6 pp.) Where the state condemned a strip of landowners’ property which abutted a highway, trial judge properly held that landowners’ expert reports were insufficient as a matter of law, since the reports did not give information to support the conclusions. PRODUCT LIABILITY – AUTOMOBILES 32-2-4221 Mario J. DiMaria, et al. v. Ruth E. Grant, and Harley Davidson Motor Co., Inc. App. Div. (12 pp.) Where plaintiff, a motorcycle rider, was injured in a collision with a car, and filed suit against the motorcycle manufacturer for product liability, trial court erred in admitting a witness’s testimony regarding the car’s condition, since there was no connection between damage to the car at the date of the accident and the date the witness examined the car. PUBLIC EMPLOYEES – CIVIL RIGHTS 33-2-4222 In the Matter of Bruce G. Mihlebach, App. Div. (6 pp.) Where a state division of youth and family services employee sued his employer because he was being retaliated against in not being considered for temporary appointments after filing a sexual discrimination complaint, merit system board properly held that the employee did not have to be considered, since N.J.A.C. 4A:4-1.7 did not require that temporary appointments be made from a complete or incomplete promotion list. CRIMINAL LAW AND PROCEDURE 14-2-4223 State v. Giovanni Divino, App. Div (22 pp.) Where defendant was charged with aggravated manslaughter for striking a woman with his car as she crossed a street, trial judge properly admitted into evidence defendant’s conduct toward his former girlfriend, since it goes toward a material fact, whether defendant drove recklessly. 14-2-4224 State v. George Shaffer, App. Div. (11 pp.) Where an officer, who knew defendant and his family, asked the defendant after he had been read his rights if the defendant was following the rules of Alcoholics Anonymous, trial court properly admitted defendant’s earlier confession to the crime, since – even after the defendant made an equivocal statement about remaining silent and even though the inquiry about AA may have been improper – the defendant’s voluntary statements in the police car removed any taint from the confession. 14-2-4225 State v. Michael Skokowski, App. Div. (4 pp.) Where defendant was convicted of third-degree theft by deception after taking vacuums and other equipment from his employer, trial court properly held that a restitution hearing was not necessary, since defendant’s earnings and his ability to make restitution were not in dispute.

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