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VOL. 2, NO. 170 DECISIONS RELEASED SEPTEMBER 29, 1994 CONTRACTS – HEALTH 11-2-4035 American Delta Technologies, Inc. v. RK Elec. Info. Concepts, App. Div. (7 pp.) Where plaintiff agreed to act as an independent contractor to sell defendant’s services to health care providers, trial court properly dismissed the complaint for commission fees, since the Sales Representatives’ Rights Act, at N.J.S.A. 2A:61A-1 et seq., does not apply, INSURANCE – AUTOMOBILES 23-2-4036 Muhammed Mushtaq v. Patricia Hickey, App. Div. (6 pp.) Where plaintiff injured his back in an automobile accident, trial court erred in dismissing the complaint for failure to meet verbal-threshold criteria, since plaintiff’s demotion for inability to do his job due to back pain and other ailments met the credible, objective medical standard and showed that his life was seriously affected. INSURANCE – TORTS 23-2-4037 Laura Drezgal, et al. v. Brian Venturi, et al., App. Div. (8 pp.) Where insureds agreed to dismiss their malpractice suit against agent, in exchange for the insurer’s agreement to defend them in a negligence action, trial court denied agent’s motion to vacate the settlement on grounds of mistake under R.4:50-1, since the claim was not supported by the evidence. CRIMINAL LAW AND PROCEDURE 14-2-4038 In re Request of Evelyn Berman Frank for Public Defender Representation, App. Div. (18 pp.) Where defendant’s application for public defender representation was improperly denied, since the defendant, who could not pay her living expenses, qualified as a indigent under the Public Defender Act. [Approved for publication Sept. 28, 1994.] 14-2-4039 State v. Diomedes Valdez, App. Div. (5 pp.) Where defendant was convicted of constructive cocaine possession after drugs were found in the front seat of the car in which he was a rear-seat passenger, trial court erred in denying his acquittal motion, since it appeared that defendant did not know about the drugs, and his mere presence in the car was insufficient to support the conviction. CRIMINAL LAW AND PROCEDURE – ALCOHOLIC BEVERAGES 14-2-4040 State v. John Conti, App. Div. (7 pp.) Where defendant pled guilty to drunk driving and assault by automobile, trial court properly denied his motion to suppress evidence, since the defendant did not have a reasonable expectation of privacy in the area behind his garage, where the police discovered the victim’s bicycle. -

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