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VOL. 2, NO. 226 DECISIONS RELEASED DECEMBER 23, 1994 ARBITRATION AND MEDIATION – PUBLIC EMPLOYEES 03-2-4602 PBA Local 163 v. Aberdeen Township, App. Div. (4 pp.) Where police officers and township disagreed over labor contract provisions, trial judge erred in reversing the arbitrator’s award, since the arbitrator’s contract interpretation was more reasonable than that of the trial judge. INSURANCE – AUTOMOBILES 23-2-4603 Jerry J. Creighton v. Thomas Mirisis, et al., App. Div. (11 pp.) Where plaintiff injured his back in a car accident, trial court erred in dismissing the complaint for failure to meet the verbal threshold, since plaintiff demonstrated through objective medical evidence that he could not perform his usual activities for a 90-day to 180-period following the accident. 23-2-4604 Patricia Hidalgo v. Hipolito Vazquez, et al., App. Div. (4 pp.) Where car passenger obtained a permanently discolored bump on her nose and difficulty breathing from injuries sustained in a car accident, trial court properly dismissed the complaint, since plaintiff submitted no medical proof other than her statement that she had trouble breathing. 23-2-4605 Edna Payne v. Donna M. Campagna, App. Div. (5 pp.) Where plaintiff’s back was injured in a car accident, trial court properly dismissed the complaint for failure to meet the verbal threshold, since plaintiff did not specify what type of soft-tissue injury she suffered from. 32-2-4606 Patricia Rimback, et al. v. United Servs. Auto. Ass’n, App. Div. ( 5 pp.) Where insured, who was injured in a car accident, sued to reform her UM/UIM limits, trial court properly dismissed the complaint, since insurer submitted proof that it mailed the buyer’s guide to the insured. WORKERS’ COMPENSATION 39-2-4607 Milton Perez v. Monmouth Cable Vision, App. Div. (14 pp) Workers’ compensation judge properly awarded cable TV installer 12.5 percent permanent partial disability of his right hand, since judge based his finding on the loss of motion demonstrated by a doctor’s testimony and reports. [Available online in N.J. Full-Text Decisions.] CRIMINAL LAW AND PROCEDURE 14-2-4608 State v. Curtis Brown, App. Div. (6 pp.) Where defendant was convicted of cocaine possession, trial court properly limited cross examination of an officer about a surveillance location pursuant to the holding in State v. Garcia, 131 N.J. 67 (1993). 14-2-4609 State v. Varene Jordan, App. Div. (7 pp.) Trial judge erred in dismissing defendant’s statement to the police after she was read her rights about her participation in two auto thefts, on grounds that she would not have given any statements if she knew that she was under police investigation, since she went with an accomplice on two “test drives” when the cars were not returned. 14-2-4610 State v. Gerald Scher, App. Div. (30 pp.) Where during a trial for reckless manslaughter a juror who was honestly mistaken told the court that he had no relatives in law enforcement when in reality he did, defendant was not denied a fair trial due to the juror’s lack of disclosure, since the juror would not have been challenged if defense counsel knew.[Available online in N.J. Full-Text Decisions.] 14-2-4611 State v. Frank Taylor, App. Div. (6 pp.) Where defendant was convicted of second-degree robbery, appellate court held that defense counsel’s failure to file timely a new trial motion did not contribute materially to defendant’s conviction, since enough evidence was presented to support the conviction. 14-2-4612 State v. Jerome Wynn, App. Div. (6 pp.) Where defendant was convicted of cocaine possession after a police officer followed him into an apartment building and found cocaine that defendant had put into a laundry chute, trial court erred in denying the suppression motion, since a factual questions existed as to whether (1) defendant was arrested before the drugs were found and (2) the drugs were abandoned.

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