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VOL. 2, NO. 223 DECISIONS RELEASED RELEASED DECEMBER 20, 1994 ALCOHOLIC BEVERAGES – NEGLIGENCE – CORPORATIONS 47-2-4567 Mary Jane Townsend, et al. v. Joseph Aersa, et al. and Smitty’s Bar Inc., et al., App. Div. (6 pp.) Where decedent’s estate sued a bar and its owners for serving decedent alcoholic beverages, trial court properly dismissed the action against stockholders and a partnership created to buy the bar, since there was no basis to pierce the corporate veil. CIVIL PROCEDURE 07-2-4568 Cabis Brown v. Paul Thompson, et al., App. Div. (4 pp.) Trial judge properly imposed a $1,000 sanction on plaintiff’s counsel payable to defense counsel after plaintiff’s counsel failed to proceed with a peremptory trial date after many adjournments. CIVIL PROCEDURE – DEBTOR/CREDITOR 07-2-4569 Rutherford Commercial Corp. v. L.A.T. Transport, Inc., et al., App. Div. (9 pp.) Where creditor sued companies for failure to repurchase unpaid accounts, trial court erred in dismissing complaint against some companies, on grounds that creditor failed to provide discovery, since there was no evidence that the companies sought any discovery from the creditor. CONSTITUTIONAL LAW 10-1-4570 New Jersey Coalition Against War in the Middle East, et al. v. J.M.B. Realty Corp., et al., Supreme Ct. (112 pp. incl. dissent) Where some shopping malls did not allow organization to distribute leaflets about the Middle East, state Supreme Court held that the right of free speech in the state constitution mandates that malls allow the distribution of leaflets on societal issues, subject to reasonable conditions. (Decided Dec. 20, 1994.) CONTRACTS – NEGLIGENCE 11-2-4571 M. Gerard Greco, Inc. v. Valley View Homes, App. Div. (9 pp.) Where developer sued engineer for negligent project design, trial judge during a bench trial properly dismissed the negligence claim, since the developer failed to produce expert testimony. INSURANCE – AUTOMOBILES 23-2-4572 Michelle Aiello and Christopher Aiello v. Karoly Tell, App. Div. (7 pp.) Where car driver and passenger injured their backs in a car accident, trial court properly dismissed the complaint for failure to meet the verbal threshold, since both failed to submit objective medical evidence that the injuries seriously affected their lives. LABOR AND EMPLOYMENT 25-2-4573 Barbarite D. Adams v. Bd. of Review and Rolm Siemens Corp., App. Div. (9 pp.) Where inspector signed papers terminating her employment when she returned to work after recovering from a nervous breakdown, board properly denied her unemployment, since inspector did not present competent medical evidence that on-the-job stress caused her condition. 25-2-4574 Gregory Lacivita v. Bd. of Review, Dep’t of Labor, App. Div. (5 pp.) Board properly denied plaintiff unemployment benefits due to a seasonal lack of work, since on his application he did not reveal his ownership share in two motels. LAND USE – GOVERNMENT 26-2-4575 DiGian Assocs. v. Somerset County Planning Bd. and Somerset County, App. Div. (6 pp.) Where developer, which posted a bond instead of making road improvements required by the planning board, demanded money back from the county after the road improvements were not made after five years, trial court properly dismissed the case, since the developer had to request the money within 45 days after it was posted. PRODUCT LIABILITY 32-2-4576 Ruth Simpkins v. Owens-Corning Fiberglas Corp., App. Div. (10 pp.) Where wife sued asbestos manufacturers for damages for illness and death of her husband from lung disease, trial judge erred in reducing the loss of consortium award on grounds that the award was excessive, since the judge’s decision was based on his “subjective conclusions,” wholly unsupported by any factual evidence. CRIMINAL LAW AND PROCEDURE 14-2-4577 State v. Robin Butler, App. Div. (15 pp.) Where defendant, who was not present at his trial, was convicted of cocaine possession, trial court properly conducted the trial without the defendant, since he was told about the trial date at a hearing conducted four days before the trial. 14-2-4578 State v. Raymond Ferguson, App. Div. (8 pp.) Where defendant was convicted of first-degree robbery, after victim identified him to police from a yearbook picture, trial court properly held that the out-of- court identification was not suggestive, since 42 pictures appeared on the page and victim did not limit her search to people named Raymond. 14-2-4579 State v. Milton G. Flowers, App. Div. (6 pp.) Where defendant was convicted of cocaine possession, trial court erred in allowing a police officer to testify at trial, since his testimony was not based on his personal observations. 14-2-4580 State v. Brian Goodwin, App. Div. (6 pp.) Trial court erred in convicting defendant of knowingly and unlawfully possessing weapons not manifestly appropriate for such unlawful uses, since no evidence was presented at trial that the defendant had actual possession of the weapons in the car. 14-2-4581 State v. Michael Postal, App. Div. (19 pp.) Where during a trial for narcotics possession, police officers’ testimony indicated that an informant had implicated the defendant in a crime, trial court properly determined that the testimony was not prejudicial, since there was substantial credible evidence of defendant’s guilt. 14-2-4582 State v. Tyrone R. Walley, App. Div. (10 pp.) Where defendant was convicted of cocaine possession, after police officers found cocaine in a false bottom of a can of cheese curls near him in a car, trial judge properly charged the jury on constructive and joint possession, since the jury acquitted a co-defendant, who was closest to the cocaine in the car. 14-2-4583 State v. Darren Williams, App. Div. (10 pp.) Where trooper noticed a bulge near defendant’s groin– caused by a vile containing cocaine–after trooper asked defendant to get out of the car to produce his identification during a lawful auto stop, trial court properly denied a suppression motion, since trooper’s request for defendant to exit the car was reasonable.

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