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VOL. 2, NO. 212 DECISIONS RELEASED DECEMBER 5, 1994 CIVIL RIGHTS – LABOR AND EMPLOYMENT 46-2-4455 Marion Aldrich v. Manpower Temporary Servs., App. Div. (7 pp.) Where employee, who first withdrew an administrative law complaint against her employer alleging discrimination, filed the action in Superior Court before withdrawing it, and then filed the action in the administrative court, trial court erred in dismissing the complaint, since it is finality in the forum selected that raises the bar.[Available online in N.J. Full-Text Documents.] HEALTH – GOVERNMENT 22-2-4456 M.C. v. State of New Jersey, Div. of Medical Assistance and Health Servs., App. Div. (7 pp.) Where hospital patient was denied Medicaid benefits on grounds that her home was transferred to her brother within 30 months of Medicaid application, trial court erred in dismissing the application, since the brother lived with the patient for at least a year before her institutionalization, under N.J.A.C. 10:71-4.7(d)3. PHYSICIAN/PATIENT – NEGLIGENCE 29-2-4457 Nancy Springer and Ronald Springer v. Robert W. Evans, M.D., App. Div. (13 pp.) Where patient sued doctor for not giving her proper information about the precariousness of her condition after a lump was found in her breast, trial judge erred in not admitting expert’s testimony on how the treating doctor could have alerted patient about the need for return office visits, since the testimony would have aided the jury in determining the standard of care. TORTS – LABOR AND EMPLOYMENT 36-2-4458 Kathleen Hill v. Cornwall Court Condo. Ass’n, App. Div. (15 pp.) Where employee of condominium tenant sued incorrect condominium association for failure to properly clear snow-covered parking lot, which caused her to slip and hurt herself, trial court erroneously upheld the complaint against the proper condominium association filed after the two-year statute of limitations on grounds that there was no prejudice and it related back to the original timely-filed complaint under R. 4:9-3, since the purpose of the rule is to prevent a defendant who knows about the suit from hiding behind a technical error, which was not the case here. CRIMINAL LAW AND PROCEDURE 14-2-4459 State v. Robert Lee Blaine, App. Div. (7 pp.) Where defendant was convicted of third-degree cocaine possession, trial court properly denied suppression motion, since an initial marijuana smell coupled with the observation of a glassine envelope on the floor in front of five men was sufficient for arresting officers to conduct a limited investigatory stop in an apartment building’s hallway. 14-2-4460 State v. Robert L. Blaine, App. Div. (5 pp.) Where defendant was convicted of third-degree handgun possession without a permit and third-degree assault firearm possession without a license, trial court erred in not merging the convictions, since both offenses required proof of the same handgun.

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