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VOL. 3, NO. 11 DECISIONS RELEASED JANUARY 18, 1995 AUTOMOBILES – NEGLIGENCE 05-2-4748 George Clarke et al. v. Theresa Eichorn, App. Div. (7 pp.) Where a police officer was side-swiped by a car driven by defendant, trial court erred in allowing defense counsel to comment during summation about officer’s failure to produce a witness, since defense counsel did not notify both the officer’s attorney and the judge of her intentions. FAMILY LAW 20-2-4749 Marie Salimbeno v. John A. Salimbeno, App. Div. (6 pp.) Trial court erred in modifying equitable distribution agreement, on wife’s post-divorce-judgment motion, without a plenary hearing, since there was further information the judge needed to consider when making his decision. INSURANCE – AUTOMOBILES 23-1-4750 Rutgers Casualty Ins. Co. v. Chris Vassas, Supreme Ct. (18 pp.) Insured who did not notify insurer about injuries sustained in a car accident, about his acceptance of an arbitration award and about the issuance of a warrant of satisfaction for the judgment may not subsequently assert a claim for UIM benefits.[Available online in N.J. Full-Text Decisions.] LABOR AND EMPLOYMENT – CIVIL RIGHTS 25-2-4751 Susan Pierce v. New Jersey Bell Tel. Co., App. Div. (13 pp.) Trial court erred in dismissing employee’s complaint under LAD for employer’s failure to reinstate her after her one-year maternity leave, since employee raised genuine issues of material fact. CRIMINAL LAW AND PROCEDURE 14-2-4752 State v. Robert Brooks, App. Div. (4 pp.) In prosecution for cocaine possession, trial court properly denied a suppression motion, since the arresting officers were justified in detaining defendant and in retrieving the contraband after defendant tossed a package of suspected cocaine into the air as the patrol car approached. 14-2-4753 State v. Carlos Colon, App. Div. (6 pp.) Although trial judge erred in failing to instruct the jury that weight of marijuana allegedly possessed was an element of the offenses under N.J.S.A. 2C:35-10(a)(3) and N.J.S.A. 2C:35-(b)(11) of which defendant was convicted, but the state proved beyond a reasonable doubt fourth-degree possession with intent to distribute within 1,000 feet of a school under N.J.S.A. 2C:35-7, which does not require a minimum quantity as an element, interests of justice permit molding verdict to conform with the latter offense in lieu of retrial. 14-2-4754 State v. Willie M. Thomas, Jr., App. Div. (4 pp.) In prosecution for second-degree reckless manslaughter in a vehicular homicide, trial court properly allowed the jury to consider the crime of aggravated manslaughter, since the jury could have concluded from the evidence that the manner in which defendant drove could have engendered a probability of death to himself, his passenger or others.

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