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Vol. 3, No. 42 DECISIONS RELEASED MARCH 6, 1995 CIVIL RIGHTS 46-2-5082 Eugene Stringer v. Peter Martino, App. Div. (11 pp.) Trial judge was correct in dismissing defendant’s counterclaims, since, even though there were statements in a jury verdict sheet indicating that police officers may have violated the defendant’s civil rights while he was in custody, the statements do nothing to invalidate the arrest warrant and defendant therefore cannot recover on a claim for false arrest or imprisonment. FAMILY LAW 20-2-5083 Patricia Flack v. Paul Flack, App. Div. (7 pp.) Husband was entitled to a plenary hearing after discovery on wife s motion for an increase in child support, and the court erred in ordering reimbursement of pre-school expenses retroactively without such a hearing. NEGLIGENCE 31-2-5084 Ira Moye, et al. v. Jose Jimenez, et al., App. Div. (4 pp.) Where New York law was correctly applied to an accident which occurred in New York City, a jury may consider a non-party’s negligence, and since the action was based upon joint and several liability, it was not improper that judgment was entered against defendants who were served for that portion of the verdict attributed to the non-party. PHYSICIAN/PATIENT 29-2-5085 Robert J. Stuart v. M. Leonard Genova, M.D., App. Div. (4 pp.) This medical malpractice action was properly dismissed by summary judgment based upon an absence of expert medical testimony, since the act complained of was not sufficient to qualify as one of the rare exceptions to the rule requiring such testimony, and the plaintiff had ample time to procure such testimony. WORKERS’ COMPENSATION 39-2-5086 Clinton Conway v. Griffin Pipe Products, App. Div. (3 pp.) The compensation judge had sufficient credible evidence to amend and increase a prior award for worker’s back injury where the worker testified about his three additional back injuries and the effect they had on his work and life, including his depression, and also presented medical testimony from an orthopedist and neuropsychiatrist. CRIMINAL LAW AND PROCEDURE 14-2-5087 State of New Jersey v. Maurice Smithson, App. Div. (4 pp.) The trial judge properly exercised her discretion to bar the defense from using testimony of a witness whose name was not disclosed to the prosecutor until a half hour before trial since there was no showing either that the identity of the witness was not known by defendant at the time of the incident or that the witness was unavailable. 14-2-5088 State of New Jersey v. John D. Smith, App. Div. (5 pp.) The motion to suppress evidence of marijuana found in the motor vehicle in which defendant was a passenger was properly denied under the plain-view exception where, when the officer approached the car, which had been pulled over for speeding, he smelled marijuana, then shined his flashlight into the car when requesting credentials and saw burnt roaches on the floor and in the ashtray. 14-2-5089 State of New Jersey v. Gary L. Goldberg, Owner of Shane, a Dog, App. Div. (3 pp.) Since, while this matter was awaiting court review, the Legislature enacted substantial revisions to the law governing potentially vicious and dangerous dogs, changing the standard of proof and specifically making the new law effective immediately, the court should not have gone forward and classified the dog to be dangerous, and the matter must be remanded for review under the new standards.

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