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Vol. 3, No. 39 DECISIONS RELEASED MARCH 1, 1995 FAMILY LAW 20-2-5055 Sunny J. Stanton v. Frank J. Tamberelli, App. Div. (4 pp.) Where father’s post-judgment application to divest mother of primary custody of a teen-aged son was denied after a six-day trial, trial judge did not err in failing to order custody mediation or a probation report, since there was no indication that mediation would have changed the result or that a probation report would have added anything to the exhaustive and thorough trial record. 20-2-5056 Seymour Steinhart v. Shirley Steinhart, App. Div. (5 pp.) Although property settlement agreement contained an anti-Lepis clause, case is remanded to the trial court for factual determinations as to whether “extreme circumstances” existed that would have justified modification. NEGLIGENCE 31-2-5057 Sabino Zarro, et al. v. Lawrence Gage, et al., App. Div. (5 pp.) Fireman’s rule (then still in effect) should not have barred personal injury suit by police officer who fell into an open septic tank on apartment complex while returning to his patrol car carrying evidence after investigating a disturbance, since the risk he assumed walking in a grassy area adjoining the sidewalk was not inherent to his duties but could have been encountered by members of the general public. TORTS 36-2-5058 Emilia Dinola v. Robert James Stewart, et al., App. Div. (6 pp.) Where plaintiff challenged her involuntary commitment as paranoid and delusional, claiming that a “psychotronic conspiracy” was mesmerizing, robotizing and manipulating her family without their knowledge by using lasers, high-tech electronics via satellite radio and television frequencies, but she presented no medical evidence to show a material factual dispute, the complaint was properly dismissed on summary judgment. CRIMINAL LAW AND PROCEDURE 14-2-5059 State of New Jersey v. Jeffrey Scheffer, App. Div. (6 pp.) Where victim, after exiting a nightclub, was sexually assaulted in her car and then ran to the bouncer of the club for help, her statements to the bouncer were properly admitted as excited utterance exceptions to the hearsay rule. 14-2-5060 State of New Jersey v. Christopher Jacobs, App. Div. (3 pp.) In prosecution for driving while intoxicated, police officer who observed defendant urinating in a mall parking lot had probable cause to believe defendant was intoxicated, and the fact that he did not detain defendant until later on, when defendant got behind the wheel of his car, did not invalidate the earlier observation as the basis for the stop. OPINION APPROVED FOR PUBLICATION: 23-2-5051 Eletha Duffy v. Anita O Connell, et al. (Feb. 28, 1995).[Available online in N.J. Full-Text Decisions.] A

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