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VOL. 2, NO. 185 DECISIONS RELEASED OCTOBER 21, 1994 CIVIL PROCEDURE – NEGLIGENCE 07-2-4156 Dennis Elia, et al. v. Michael Mader, et al., App. Div. (3 pp.) Where plaintiff sued 13 months after his 21st birthday for injuries sustained in an automobile accident as a minor, trial court erred in dismissing the complaint on grounds that the statute-of-limitations had run, since the holding of Green v. Auerbach Chevrolet Corp., 127 N.J. 591 (1992), is prospective; therefore, he can file the complaint until age 23. GOVERNMENT 21-2-4157 Bergen County Utilities Auth. v. State of New Jersey, Dep’t of the Public Advocate, Div. of Rate Counsel, App. Div. (10 pp.) The authority is required to pay the Rate Counsel’s legal expenses, for the Rate Counsel’s intervention in rate-setting procedures, since the proceeding was initiated to change a required service, under N.J.S.A. 52:27E-19a. INSURANCE – AUTOMOBILES 23-2-4158 George Cano and Luisa Cano v. Marino Roa, et al., App. Div. (10 pp.) Where a passenger injured his back in an auto accident, trial court erred in dismissing the complaint for failure to meet verbal-threshold criteria, since he had permanent reduced range of motion, and could no longer participate in recreational activities. 3-2-4159 Barbara Chalef v. John L. Ryerson, App. Div. (21 pp.) Where plaintiff, a Maryland insured, had lived in New Jersey for four months before being injured in an automobile accident, trial court properly held that plaintiff was subject to the verbal threshold, since her car was principally garaged in this state, under N.J.S.A. 39:6A-3. INSURANCE – LABOR AND EMPLOYMENT – CIVIL RIGHTS 25-2-4160 Sherman, Silverstein & Kohl, P.C., v. West Am. Ins. Co., App. Div. (5 pp.) Where employer sued its insurer for legal fees it incurred in a wrongful termination suit brought by an employee, trial court erred in finding for the employer, since the insurer’s duty to defend did not extend to indemnification for pain and suffering in combination with a claim for emotional distress, which did not imply the physical manifestations that the policy would cover. LABOR AND EMPLOYMENT – NEGLIGENCE 25-2-4161 Michael Lipesky and Susan Lipesky v. Beecham Lab., et al., App. Div. (9 pp.) Where an employee was burned while trying to fill containers with nitric acid, trial court properly dismissed the complaint against the acid supplier, since there was insufficient proof that the container came from the supplier. LANDLORD/TENANT 27-2-4162 Sacks Realty Co. v. Estelle Shore, et al., App. Div. (6 pp.) Where landlord brought suit against tenants after they refused to vacate their apartments after waiving their rights to protection under the Senior Citizens and Disabled Protected Tenancy Act, N.J.S.A. 2A:18-61.22 et seq., and the landlord had obtained consent judgments of possession, trial court erred in evicting the tenants, since the waiver is unenforceable under the statute. LANDLORD/TENANT – NEGLIGENCE 31-2-4163 James Patrick Kelly v. Guy Tunney, et al., App. Div. (11 pp.) Where tenant was seriously injured when a propane gas explosion occurred in his apartment complex, trial court properly dismissed the complaint against certain defendants, since his experts’ opinions lacked factual support. LAND USE 26-2-4164 Michael Merola and Pizza Hut of Am., Inc. v. Township of Belleville and Township of Belleville Planning Bd., App. Div. (5 pp.) Planning board denied plaintiff’s conditional use permit application to use part of the bottom floor as a pizzeria, since the ordinance, which didn’t set forth objective standards to be met by a developer, was invalid. WORKERS’ COMPENSATION 39-2-4165 Dolores Lucante and Ralph Lucante v. Paco Pharmaceutical Servs., Inc. et al., App. Div. (9 pp.) Where employee sued employer’s landlord after she slipped and fell on ice in a parking lot, and employer agreed to indemnify the landlord, trial court properly held that the employer could not recover from the workers’ compensation carrier for the landlord’s liability, since the policy does not cover employee claims against a third-party landlord. CRIMINAL LAW AND PROCEDURE 14-2-4166 State v. Miles Brown, App. Div. (6 pp.) Where defendant was convicted of drug possession after police received a tip from a confidential informant, trial judge erred in suppressing the evidence, since she did not consider the totality of the circumstances. 14-2-4167 State v. Dennis Foltz, App. Div. (10 pp.) Where during a drug-possession trial a scheduled defense witness did not appear, trial court properly denied defendant’s motion for a mistrial, since the witness’s testimony would have been irrelevant to defendant’s claims that he wasn’t involved in the crime. OPINIONS APPROVED FOR PUBLICATION OCT. 20, 1994 22-2-4149 In the Matter of the Adoption of N.J.A.C. 10:52-5.14(d) 2 and 3 (Oct. 20, 1994); 35-2-4153 Rollins Leasing Corp. v. Director, Div. of Taxation (Oct 20, 1994); 40-2-4154 Alejandra Icabalzeta, et al. v. Sea-Land Servs., Inc. et al. (Oct. 20, 1994).

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