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VOL. 2, NO. 213 DECISIONS RELEASED DECEMBER 6, 1994 ARBITRATION AND MEDIATION 03-3-4461 Margie L. Peters, et al v. Marriott Corp., App. Div. (17 pp.) Where arbitrators awarded an employee damages for injuries sustained when she supposedly fell on the job, trial court overturned nonbinding arbitration award, even though demand for a trial de novo was not timely filed, since the parties had agreed to negotiate further, and award was rendered to facilitate settlement. [Approved for publication Dec. 5, 1994.][Available online in N.J. Full-Text Documents.] ARBITRATION AND MEDIATION – CORRECTIONS – CIVIL RIGHTS ACT O3-3-4462 Conlon, et al. v. Middlesex County Dep’t of Corrections, et al., Law Div. (13 pp.) Trial court dismissed corrections officer’s prerogative writ action to compel county to overturn disciplinary action, since an agreement for binding arbitration of minor disciplinary disputes involving civil service employees is enforceable, and officer failed to exhaust his administrative remedies. [Approved for publication Dec. 5, 1994.][Available online in N.J. Full-Text Documents.] AUTOMOBILES – NEGLIGENCE 05-2-4463 Steven Dropkin, et al. v. Harshad Vyas, et al., App. Div. (5 pp.) Where defendant’s car rear-ended plaintiff’s car, jury properly found that defendant’s negligence was not the proximate cause of plaintiff’s injuries, since there was ample evidence for the jury to conclude that plaintiff’s other falls after the accident were independent events that did not aggravate any injury from the accident. EDUCATION 16-2-4464 Delran Educ. Ass’n v. Delran Bd. of Educ., App. Div. (7 pp.) Where board denied teacher’s salary increase because she refused to select students’ records to be reviewed by an outside contractor on grounds that student records are only to be reviewed by school staff, arbitrator properly awarded teacher salary increase, since the teacher refused to obey the supervisor’s orders on the belief that she would be breaking the law.[Available online in N.J. Full-Text Documents.] 16-2-4465 Arthur Krupp v. Bd. of Educ. of the Union County Regional High School Dist. #1, et al., App. Div. (15 pp.) Where board did not appoint a district teacher as girl’s basketball coach, state board of education erred in reversing the board’s decision, since under N.J.A.C. 6:29-3.3, in appointing coaches no preference is given to district teachers.[Available online in N.J. Full-Text Documents.] INSURANCE – AUTOMOBILES 23-2-4466 Carlos Acosta v. Rocco A. Marro, App. Div. (6 pp.) Where plaintiff injured his back and neck in a car accident, trial court erred in dismissing the complaint for failure to meet the verbal threshold, since doctors’ clinical findings and test results provided sufficient objective-medical evidence of nerve root irritation and mild right-sided carpal tunnel syndrome. 23-2-4467 Paul C. D’Amato and Patricia D’Amato v. Susan K. Mauro, et al., App. Div. (3 pp.) Where plaintiff injured his back in a car accident, trial court properly dismissed the complaint for failure to meet the verbal threshold, since plaintiff failed to present any evidence relating severe spinal degenerative conditions with the accident. 23-2-4468 Charles Miller v. New Jersey Auto. Full Ins. Underwriting Ass’n, App. Div. (4 pp.) Where passenger injured his foot in a car accident, trial court properly dismissed the complaint for failure to meet the requirements of N.J.S.A. 39:6A-4 for PIP benefits, since the foot injuries were caused by diabetes complications. LANDLORD/TENANT 27-2-4469 Barry Silverman, et al. v. Rent Leveling Board of Cliffside Park, et al., App. Div. (16 pp.) Board’s delay in deciding landlord’s application for a hardship rent increase and failure to provide a detailed reason for denying the application did not constitute a taking without compensation, since the landlord’s beneficial use of the property was not substantially destroyed.[Available online in N.J. Full-Text Documents.] WORKERS’ COMPENSATION – ATTORNEY/CLIENT – NEGLIGENCE 39-2-4470 Carlo G. Cellucci, Jr. v. Ronald W. Bronstein, Esq. et al., App. Div. (23 pp.) Where client sued attorney for negligently filing a workers’ compensation petition instead of a direct negligence action, trial court properly dismissed the malpractice complaint, since the client was definitely working when he was injured, thus precluding a direct negligence claim. [Available online in N.J. Full-Text Documents.] CRIMINAL LAW AND PROCEDURE 14-3-4471 State v. John Chew, Law Div. (12 pp.) Trial court held that defendant, who was indicted for killing his girlfriend, could be tried for capital murder, since N.J.S.A. 2C:11-3(c)(4)(d) applies to murders committed for the purpose of obtaining benefits from the victim’s life insurance policy. [Approved for publication Dec. 5, 1994.][Available online in N.J. Full-Text Documents.] 14-2-4472 State v. Daniel Elrose, App. Div. (12 pp) Where defendant was convicted of unlawful assault firearms possession, trial court properly upheld the conviction even though defendant timely rendered the firearms inoperable, since defendant failed to file a certificate of inoperability, under N.J.S.A. 2C:39-5f. 14-2-4473 State v. Paul M. Moss, App. Div. (4 pp.) Where police officer, who stopped defendant for not signaling while making a left turn and for driving erratically, noticed a revolver on the car floor in plain view, trial court erred in granting suppression motion, since the officer properly relied on N.J.S.A. 39:4-126 when stopping defendant’s car. [Approved for publication Dec. 5, 1994.][Available online in N.J. Full-Text Documents.] OPINIONS THAT HAVE BEEN APPROVED FOR PUBLICATION: 46-2-4455 Marion Aldrich v. Manpower Temporary Servs. (Dec. 5, 1994); 14-2-4449 State v. Christa Hermanns (Dec. 2, 1994); 14-2- 4450 State v. John F. Hinds (Dec. 2, 1994).[All available online in N.J. Full-Text Documents.]

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