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VOL. 2 NO. 172 DECISIONS RELEASED OCTOBER 4, 1994 AUTOMOBILES 05-2-4055 Adolph Delbridge v. Division of Motor Vehicles (4 pp.) (1) Surcharge statute does not violate due process by denying a hearing to appellant since there were no material contested facts, nor does it deny equal protection despite any disparate effect on the rich and the poor. (2) Dismissal of appellant’s DWI charge nevertheless allows conviction for refusing to submit to a Breathalyzer test because state need only show probable cause that appellant operated under the influence to sustain conviction under the refusal statute. CIVIL PROCEDURE 07-2-4056 State of New Jersey, by the Commissioner of Transportation v. Rite Aid Corporation, et al. (11 pp.) Motion judge’s order allowing a judgment creditor to withdraw moneys from a court-held fund is vacated by the Appellate Division because the creditor did not inform the motion judge that the motion for turnover had been adjourned to a later date and would be heard by another judge: “an attorney has the duty even after the entry of the order to advise the judge who entered the order that it should not have been entered because the motion had been carried.” CONSUMER PROTECTION 09-2-4057 Dolan v. Koonce D & V Auto Body & Repair, Inc. et al., App. Div. (7 pp.) Repair shop’s refusal to return customer’s vehicle, upon learning that his check for prior repair work on another vehicle had been returned for insufficient funds, did not constitute an “ascertainable loss” such as would support a claim for treble damages under the Consumer Fraud Act. FAMILY LAW 20-2-4058 Deborah Jaworowski v. Frank Kube, App. Div. (12 pp.) Obligor may register a foreign judgment or order of child support under the Revised Uniform Reciprocal Enforcement of Support Act when enforcement is sought by the obligee, and obligor may thereupon pursue application for modification. 20-2-4059 Arlene J. Martina v. Carmen A. Martina (3 pp.) Parents must contribute child support in proportion to their incomes for child’s college education at Villanova, notwithstanding father’s alma mater, Rutgers, was half the price. INSURANCE 23-2-4060 Lisa Bachman et al. v. National Union Fire Insurance Company et al., App. Div. (8 pp.) In tort suit brought on behalf of three allegedly abused children against the estates of their foster parents, language of respective policies makes it clear that the foster parents’ homeowner’s insurance carrier was the principal insurer, while the carriers that provided the Division of Youth and Family Services with foster parent liability and property damage protection were excess insurers. LANDLORD/TENANT 27-2-4061 Janet P. Musser et al. v. E.E. Harbat (3 pp.) While the general rule is that a notice to vacate given by a tenant during the same month in which the quit is to take place is effective as of the end of the month following the month in which the short notice is given, in this case the judge found, based on ample evidence, that the defendant’s representative had agreed to accept one-half month’s rent as full satisfaction. NEGLIGENCE 31-2-4062 Wei Jai Liang v. Great American Recreation Inc. t/a Action Park, App. Div. (5 pp.) Expert testimony was not required to establish amusement park’s negligent in failing to instruct patrons adequately in the safe operation of a ride, since the need for and adequacy of warnings was within the common knowledge of jurors. WORKERS’ COMPENSATION 39-2-4063 Stanley Gourdine v. Courier Systems, Inc., App. Div. (4 pp.) Where petitioner’s proofs at workers’ compensation trial met objective medical and appreciable-injury tests for compensability, award of five percent of partial permanent disability is within statutory scheme and may not be set aside based on employer’s assertion that the injuries were insubstantial. CRIMINAL LAW AND PROCEDURE 14-2-4064 State v. Evanny Chang, et al. (5 pp.) Search of carry-on bag found in car trunk, pursuant to driver’s consent, invalid where car had 3 other adult and 4 children passengers because officer could not reasonably believe that the driver had authority to consent, in view of statements that passengers, not driver, were planning to stay overnight at destination city.

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