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VOL. 2, NO. 217 DECISIONS RELEASED DECEMBER 12, 1994 ENVIRONMENT 17-2-4506 MCG Assocs. et al. v. Dep’t of Envtl. Protection, App. Div. (28 pp.) Portion of N.J.A.C. 7:7A-2.7(i) that invalidated the Freshwater Wetlands Protection Act transition area exemptions under N.J.S.A. 13:9B-4 (projects local planning boards had approved before the DEP assumed jurisdiction over the federal wetlands program) was properly challenged as a conflict with the statute. [Available online in N.J. Full-Text Decisions.] INSURANCE – AUTOMOBILES 23-2-4507 Bruce J. Mellwig, Jr. v. Margaret T. Kebalo and New Jersey Auto. Full Ins. Underwriting Ass’n, App. Div. (20 pp.) Trial judge has no authority to order defendant driver’s insurer (the JUA) to pay prejudgment interest on personal injury award, since policy did not require such payment and policy limits cannot be raised by judicial order. LANDLORD/TENANT – NEGLIGENCE 27-2-4508 Janice Anderson v. Sammy Redd, et al., App. Div. (8 pp.) Where plaintiff’s son died after falling out a third-floor apartment window when the screen gave way, trial court erred in dismissing the complaint against the landlord, since common-law duty to maintain premises under his control may be broadly construed.[Available online in N.J. Full-Text Decisions.] LAND USE 26-2-4509 Omonia Holding Co., et al. v. County of Middlesex and Borough of South Plainfield, App. Div. (10 pp.) Where landowners sued borough and county, alleging that the county rendered their properties inaccessible after closing a bridge, trial court erred in dismissing the complaint, since a factual question existed about whether there had been any change in the beneficial use of the properties. PHYSICIAN/PATIENT – NEGLIGENCE 29-2-4510 Richard L. Robinson, et al. v. Martin Swiecicki, Jr., M.D., App. Div. (10 pp.) Where doctor allegedly performed an incorrect back surgery and without patient’s consent, trial court erred in barring testimony of patient’s expert about the surgery’s risk, since the issue the jury must decide is whether a prudent plaintiff, having been informed of the potential risks, would have consented to the surgery. WORKERS’ COMPENSATION 39-2-4511 Daniel Irizarry v. Excel Wood Prods. Co., Inc., App. Div. (8 pp.) Medical evidence supported workers’ compensation judge’s award to glue machine operator based on finding of 10 percent permanent partial disability for “chronic bronchitis.” CRIMINAL LAW AND PROCEDURE 14-2-4512 State v. Kenneth Kwiatkowski, App. Div. (13 pp.) Where defendant, as part of his testimony at his trial for knowing and purposeful murder, introduced evidence about his tendency to say things that were not true, and where there was no objection made to the prosecutor’s cross-examination of defendant as to the same, it was not plain error for the court to admit such testimony nor to allow the prosecutor to refer to it.

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