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VOL. 2, NO. 219 DECISIONS RELEASED DECEMBER 14, 1994 EDUCATION – LABOR AND EMPLOYMENT 16-2-4527 Rosalba McLelland v. Union County College, App. Div. (8 pp.) Where student recruiter claimed that because of her nationality, she was unable to exercise her seniority rights under a collective bargaining agreement to obtain another job after her position was eliminated, division properly found that she was not offered the new job, since she was not the most qualified candidate. ENVIRONMENT 17-2-4528 Waste Mgmt. of Cent. Jersey, Inc. v. State of New Jersey, Dep’t of Envtl. Protection and Energy, App. Div. (12 pp.) Where company claimed that limits on rate ban adjustments to initial tariffs and other regulations conflict with Solid Waste Collection Regulatory Reform Act because there are no exceptions for new haulers, the regulations are valid, since they are a proper exercise of the DEPE’s authority to supervise the industry.[Available online in N.J. Full-Text Decisions.] FAMILY LAW 20-2-4529 Deborah J. (Dietz) Given v. Edward R. Dietz, App. Div. (12 pp.) Where husband sued to modify child support, trial court erred in ordering both parents to split the college costs, since the judge did not refer to the Child Support Guidelines nor to the statutory criteria in N.J.S.A. 2A:34-23. 20-2-4530 Anoushe S. Malek v. Hany H. Malek, App. Div. (11 pp.) Where wife is an Egyptian citizen who lived with her child in Egypt after marrying a U.S. citizen, trial court erred in ordering husband to pay support for wife and child, since the wife did not specify how long she planned on staying in the U.S. to deal with marital disputes. GOVERNMENT 21-4-4531 State of New Jersey by Fred DeVesa, Acting Attorney General v. Township of Lyndhurst, Ch. Div. (10 pp.) Where state sued town to compel return of funds disbursed through the Department of Community Affairs, chancery court quashed deposition subpoenas served on certain state Senate and Assembly members, who had previously cooperated and testified before about their legislative actions, since their testimony cannot be compelled under the speech or debate clause of the state constitution. {Approved for publication Dec. 13, 1994.)[Available online in N.J. Full-Text Decisions.] INSURANCE – AUTOMOBILES 23-2-4532 Gina Dimauro, et al. v. Karen Dimattia, et al., App. Div. (4 pp.) Where a student, who injured her neck and back in a car accident, claimed that she could not take gym and claimed that her summer time recreation activities were limited, trial court properly dismissed the complaint for failure to meet the verbal threshold, since plaintiff did not show that the injury seriously affected her life. 23-1-4533 Joszef Kiss, et al. v. Ziv Jacob, et al., Supreme Ct. (13 pp.) Where driver was injured in a multicar collision, trial court erred in reducing driver’s benefits, since “benefits” under the collateral-source statute, N.J.S.A. 2A:15-97, do not include the proceeds of driver’s settlement with another party that is found not to be liable for the driver’s injuries. (Decided Dec. 14, 1994.)[Available online in N.J. Full-Text Decisions.] INSURANCE – LABOR AND EMPLOYMENT 23-2-4534 Annette Y. Parker, et al. v. Can-Clay Corp and Swiss Steel, Inc., et al., App. Div. (17 pp.) Where delivery man was killed when a sewer pipe fell on him, appellate court held that (1) the insurance policy exclusion–which pertains to bodily injury resulting from the movement of property by a mechanical device–is not enforceable, since it is against public policy under N.J.S.A. 39:6B-1, (2) and the statute is applicable even though the vehicle was not registered or principally garaged in New Jersey, because the policy contained such a broad “out-of-state” coverage provision. PRODUCT LIABILITY 32-2-4535 Adell Parks v. Owens-Corning Fiberglas Corp., et al., App. Div. (8 pp.) Where employee sued for lung damage after being exposed to asbestos products, trial court erred in dismissing the complaint against Owens-Corning, since employee submitted proof that he was exposed to asbestos products manufactured by that defendant. CRIMINAL LAW AND PROCEDURE 14-3-4536 State v. Edmund R. Arundell, Law Div. (7 pp.) Where defendant, who executed a personal recognizance bond, was arrested in New Jersey as a fugitive from Colorado after leaving an in-patient drug program, trial court held that the defendant will be returned to Colorado, since he knowingly and voluntarily waived extradition and his right to an extradition hearing by executing the bond. (Approved for publication Dec. 13, 1994.)[Available online in N.J. Full-Text Decisions.] 14-2-4537 State v. Richard Brophy, App. Div. (11 pp.) Where defendant was convicted of aggravated assault, trial court properly admitted evidence of prior conflicts between defendant and the victim under N.J.R.E. 404(b) to prove motive and intent. 14-2-4538 State v. Edward Farmer, App. Div. (19 pp.) Where defendant was convicted of murder, conviction was sustained, since trial judge during the jury charge on reasonable doubt did not shift the burden of proof to the defendant, as defendant suggested. 14-2-4539 State v. Marlon Ridley, App. Div. (13 pp.) Where defendant was convicted of robbery, trial judge properly admitted defendant’s confession during interrogation, since defendant voluntarily gave the statement after he was read his rights. OPINIONS THAT HAVE BEEN APPROVED FOR PUBLICATION: 14-2-4472 State v. Daniel Elrose (Dec. 13, 1994); 17-2-4506 MCG Assocs., et al. v. Dep’t of Envtl. Protection (Dec. 13, 1994) 27-2-4508 Janice Anderson v. Sammy Redd, et al. (Dec. 13, 1994); 25-2-4520 John Kane v. Hartz Mountain Indus., et al., (Dec. 13, 1994); 14-2-4526 State v. G.S. (Dec. 13, 1994).[All available online in N.J. Full-Text Decisions.]

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