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VOL. 2, NO. 229 DECISIONS RELEASED DECEMBER 29, 1994 INSURANCE – AUTOMOBILES 23-2-4628 Theresa Romano v. Willian Kozel, App. Div. (8 pp.) Where driver injured her back and face in a car accident, trial court properly dismissed the complaint for failure to meet the verbal threshold, since her medical proofs failed to show that she had a significant or permanent limitation. 23-2-4629 Deborah Watson v. Maxine Davis, et al., App. Div. (4 pp.) Where plaintiff injured her back in a car accident, trial court properly dismissed the complaint for failure to meet the verbal threshold, since plaintiff did not submit medical proof that the accident caused a disc bulge. PUBLIC ASSISTANCE – HEALTH 45-2-4630 P.P. v. New Jersey Dep’t of Human Servs., Div. of Medical Assistance and Health Servs., et al., App. Div. (7 pp.) Where a mother challenged the denial of Medicaid benefits to her son, state agency properly used income multiplier in determining that mother’s gross monthly income exceeded threshold, since the multiplier does not overvalue an applicant’s assets, but merely averages the income when the applicant receives regular-fixed payments. WORKERS’ COMPENSATION 39-2-4631 David Mills v. Airwork Corp., App. Div. (6 pp.) Workers’ compensation judge erred in awarding employee temporary disability benefits, since the judge did not determine if the claimant’s operation was required because of a compensable injury or from skiing injuries. CRIMINAL LAW AND PROCEDURE 14-2-4632 State v. Adolph Delbridge, App. Div. (3 pp.) Trial judge erred in dismissing defendant’s municipal court appeals on grounds that a municipal prosecutor was served instead of the county prosecutor, since the dismissal resulted in injustice under R. 1:1-2. 14-2-4633 State v. Maurice Espino, App. Div. (18 pp.) Where defendant, who was convicted of felony murder, claimed that a prosecutor during summation denigrated his defense, appellate court held that prosecutor’s remarks were not improper, since many of the remarks were made in response to defense counsel’s summation, and the prosecutor applied the facts to the law. 14-2-4634 State v. Keith Howard, App. Div. (4 pp.) Where defendant was convicted of pointing a firearm at or in the direction of another person, trial court properly explained to the jury the unlawful purpose for which defendant could have possessed the handgun, pursuant to N.J.S.A. 2C:12-1a(3). 14-2-4635 State v. Richard Storm, App. Div. (10 pp.) Municipal prosecutor erred in asking and allowing victim’s personal attorney to prosecute three harassment complaints, since the problem arises whether the private prosecutor’s ethical obligation to disclose all discovery will survive the attorney’s natural loyalty to a client. [Approved for publication Dec. 29, 1994.][Available online in N.J. Full-Text Decisions.] 14-2-4636 State v. James Taylor, App. Div. (6 pp.) Where defendant was convicted of burglary, trial court properly held that defendant’s three prior burglary convictions could be used to impeach the defendant if he chose to testify, since the convictions occurring between 1987 and 1991 were not too remote, under State v. Sands, 76 N.J. 127 (1978). ??

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