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VOL. 2, NO. 222 DECISIONS RELEASED DECEMBER 19, 1994 CIVIL PROCEDURE – AUTOMOBILES – NEGLIGENCE 07-2-4560 Carmen and Ronald Bellinger v. Craig D. Klemm and Darlene Loeber, App. Div. (6 pp.) Where attorney of driver, who was injured in an accident with an out-of-state resident, waited almost three years to try to serve a complaint in the case a second time, trial court properly dismissed the complaint due to an inexcusable delay in service. FAMILY LAW 20-2-4561 Cindy L. Anicito v. Angelo M. Anicito, App. Div. (9 pp.) Where father took children out of state and had transferred de facto custody to relatives, trial judge properly did not hold a plenary hearing before ordering the children returned to the mother, since the issue was not the best interests of the children, but, rather, the natural parent’s fitness. 20-2-4562 Joanne R. Gaskill v. Marvin Craig Gaskill, App. Div. (5 pp.) Where husband, who was allowed in certain areas of the marital home, went into the restricted areas and took items in violation of a pendente lite order, trial court properly entered a final domestic violence order barring him completely from the home, since his actions constituted criminal trespass and the domestic violence act includes both criminal and civil proceedings. INSURANCE – AUTOMOBILES 23-1-4563 Kurt Lindstrom, et al. v. The Hanover Ins. Co., et al., Supreme Ct. (23 pp. incl. dissent) A plaintiff–who had became a quadriplegic after being shot in a drive-by shooting– is entitled to PIP benefits under his father’s auto insurance policy, since his injury was clearly an “accident” under N.J.S.A. 39:6A-4 of the New Jersey Reparation Reform Act. (Decided Dec. 19, 1994)[Available online in N.J. Full-Text Decisions.] PHYSICIAN/PATIENT – NEGLIGENCE 29-2-4564 Samuel DeLareto, et al. v. Leslie Wierner, M.D., et al., App. Div. (11 pp.) Where decedent’s family sued doctors claiming that they failed to diagnose decdent’s heart blockage, trial judge properly did not charge the jury on concurrent causation, since the alleged multiple acts of negligence were each acts of professional malpractice from which it was difficult to identify and to define the harm caused. TORTS – REAL ESTATE 36-2-4565 Shirley Segal, et al. v. Herman Segal, et al., App. Div. (10 pp.) Where former wife claimed that she was forced to sign a deed under duress transferring property to her mother-in-law as trustee for wife’s children, the matter is remanded, since the trial judge failed to make findings of fact as to whether she signed the deed voluntarily or under duress.[Available online in N.J. Full-Text Decisions.] CRIMINAL LAW AND PROCEDURE 14-1-4566 State v. Charles H. Williamson, Supreme Ct. (7 pp.) Where defendant pled guilty to cocaine possession after a police officer stopped him for not signaling when he changed lanes, trial court erred in denying a suppression motion, since N.J.S.A. 39:4-126 does not require that a signal be given whenever a lane change is made, but only when the lane change actually affects other traffic, and no testimony was offered that the defendant’s lane change affected other traffic. (Decided Dec. 19, 1994.) [Available online in N.J. Full-Text Decisions.]

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