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VOL. 2 NO. 180 DECISIONS RELEASED OCT. 14, 1994 ATTORNEY/CLIENT – NEGLIGENCE – CIVIL PROCEDURE 07-2-4112 Margaret F. Fenty, et al. v. John Goines, App. Div. (8 pp.) Where plaintiff’s lawyer failed to ensure that wrongful-death complaint was properly filed, trial court properly dismissed the complaint, since the statute of limitations had run. CORPORATIONS 12-2-4113 Michael Sangiovanni v. Melfer Foods, Inc., et al., App. Div. (6 pp.) Where employee sued employers in corporate and individual capacity for wrongful termination, trial court erred in finding employers personally liable, since a corporate veil cannot be pierced whenever the corporation conducts its internal operations without formalities. EDUCATION – CONSTITUTIONAL LAW 16-2-4114 In the Matter of the Comprehensive Investigation of the School Dist. of Newark, New Jersey, App. Div. (7 pp.) State Board of Education properly denied the district’s request to allow its counsel and stenographer to be present during compelled interviews of district personnel, since restricting either would violate the state constitution. [Approved for publication today.] GOVERNMENT 21-2-4115 In the Matter of the Petition of Allan E. Kriso, Candidate, App. Div. (10 pp.) Trial court properly rejected absentee ballots due to improperly completed envelopes under N.J.S.A. 19:57-37.1, since the petitioner did not present evidence why the messenger or voters failed to fill out the envelopes properly; see Petition of Battle, 96 N.J. 63 (1984). [Approved for publication today.] INSURANCE – AUTOMOBILES 23-2-4116 Patrick Leonard v. Shronda R. Smallwood and David Franklin, App. Div (5 pp.) Where plaintiff injured his back and neck in an auto accident, trial court properly dismissed the complaint for failure to meet verbal-threshold criteria, since plaintiff failed to submit objective medical evidence. 23-2-4117 Susan Scholato, et al. v. Colleen Bohl, App. Div. (6 pp.) Where plaintiff injured her back in an auto accident, trial court erred in dismissing the complaint for failure to meet verbal-threshold criteria, since X-rays demonstrated “objective” evidence of permanent injury. LABOR AND EMPLOYMENT – TORTS – ARBITRATION AND MEDIATION 25-2-4118 New Jersey Turnpike Auth. v. New Jersey Turnpike Supervisors Ass’n, App. Div. (9 pp.) Where toll collector sued employer for sexual harassment, the Public Employment Relations Commission properly held that arbitration contemplated by collective negotiations is not preempted, under a statutory amendment dealing with public employee discipline, which is explained in State v. State Troopers Fraternal Ass’n, 134 N.J. 393 (1993). [Approved for publication today.] WRONGFUL DEATH 40-2-4119 E. Lee Pipolo v. Vernon Tayburn, et al., Where sister filed suit against foster parents, and the state Division of Youth and Family Services investigated 23 years after her brother’s death, trial court properly dismissed the complaint, since the DYFS workers supervising the foster parents are immune for discretionary activities. CRIMINAL LAW AND PROCEDURE 14-2-4120 State v. Evelyn Castro, App. Div. (9 pp.) Where defendant was convicted of aggravated assault, trial judge erred in not instructing the jury on lesser-included offenses, since the evidence supported the charge. 14-2-4121 State v. Owen Murkey, Jr., App. Div. (8 pp.) In a murder trial ending in conviction, trial court improperly instructed the jury on accomplice liability, since the judge did not explain that each participant in a violent attack may be guilty of a higher or lower offense depending upon his actions, intent, and state of mind. 14-2-4122 State v. Domingo Rivera, App. Div. (10 pp.) Where police searched defendant after chasing a juvenile into a house where the defendant was, trial court erred in convicting the defendant of drug possession with intent to distribute, since no incriminating evidence was found on the juvenile on his path of flight or around him in the house; thus, the police did not have adequate reason to search the defendant. [Approved for publication today.] 14-2-4123 State v. Robert J. Zebold, App. Div. (7 pp.) Where during a legal auto stop police found drug paraphernalia, trial court erred in suppressing the evidence, since police had cause to search the car after seeing cocaine protruding from the driver’s pocket.

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