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Vol. 2, No. 192 DECISIONS RELEASED NOVEMBER 1, 1994 CONTRACTS – GOVERNMENT 11-2-4226 Tri County Asphalt Corp. v. County of Essex, et al., App. Div. (10 pp.) Where company sued county for refusing to pay the company for paving three roads pursuant to a bid contract, trial court erred in awarding damages for lost profits for the county’s failure to have the company repave the roads, which was a new contract subject to public bidding under N.J.S.A. 40A:11-4. INSURANCE – AUTOMOBILES 23-2-4227 Sara Eggert v. Linda Lane and Ralph Eggert, et al., App. Div. (5 pp.) Where plaintiff injured her neck and back in an auto accident, trial court erred in dismissing the complaint for failure to meet verbal-threshold criteria, since the plaintiff presented objective medical evidence demonstrating muscular spasm and a limited range of motion. GOVERNMENT – AUTOMOBILES – TORTS 21-2-4228 Alexander Tsintzas v. Township of Ocean, et al., App. Div. (8 pp.) Where drunk driver, who was injured in a one-car accident, sued town and police officers for telling him and other teenagers to leave a wooded area knowing that they had been drinking, trial court properly granted defendants’ summary judgment motion, since the police in good faith did not notice that the teenagers were intoxicated, and are immune from liability under the state tort claims act. LABOR AND EMPLOYMENT – CIVIL RIGHTS 25-2-4229 Carol L. Depta v. Board of Review, App. Div. (6 pp.) Where employee, who said she was harassed, quit after her numerous transfer requests were ignored, board erred in not awarding her unemployment, since the alleged continued harassment constituted good cause for her to leave the job. WORKERS’ COMPENSATION 39-2-4230 Enrique Viera v. The Level Line, Inc., App. Div. (13 pp.) Workers’ compensation judge erred in awarding partial total permanent disability to an employee, since the employee failed to prove that the occupational exposure contributed to his disability by an appreciable degree, and the expert’s opinion the judge relied on was a net opinion. CRIMINAL LAW AND PROCEDURE 14-2-4231 State v. Joao Abrantes, App. Div. (7 pp.) Where defendant was convicted of first- degree robbery, trial court properly did not allow defense counsel to cross-examine the victims regarding their immigration status, since the questioning would confuse the jury and permit it to draw inferences that were not supported by the record. 14-2-4232 State v. Cynthia Cupe, App. Div. (4 pp.) Where counsel of defendant, who was convicted of murder, at a post-conviction hearing merely relied on the papers, the matter is remanded, since defendant did not receive adequate post-trial representation. 14-2-4233 State v. Paul Warmbrun, App. Div. (18 pp.) Where defendant was convicted of reckless manslaughter, trial court properly admitted the defendant’s statements to an arresting officer even though the defendant had been drinking, since defendant told the officer that he understood his rights and his answers were responsive.

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