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VOL. 2, NO. 210 DECISIONS RELEASED DECEMBER 1, 1994 CONSTITUTIONAL LAW 10-1-4436 Linda Murray, et al. v. Michael Lawson, et al., Supreme Ct. (42 pp.) Injunction prohibiting anti-abortion protestors from picketing around a home of a doctor who performs abortions is content neutral and serves a significant governmental interest, but the 300-foot speech-free zone was reduced to 100 feet in light of the U.S. Supreme Court’s holding in Madsen v. Women’s Health Ctr., Inc., 114 S. Ct. 2516 (1994).[Available online in N.J. Full-Text Documents.] INSURANCE – AUTOMOBILES 23-2-4437 Ronald E. Clark, et al v. John J. Parishy, App. Div. (4 pp.) Where plaintiff injured his back, head, neck and right knee in a car accident, trial court erred in dismissing the complaint for failure to meet the verbal threshold, since plaintiff submitted credible evidence that the knee injury had a serious impact on his life. 23-2-4438 Tshomba Harrison v. Ford Motor Credit Co. and Thomas Gianfrancesco, et al., App. Div. (4 pp.) Where driver of a leased car was involved in an accident, trial court erred in holding that rental company’s policy was primary coverage and driver’s policy was excess, since both policies were primary coverage pursuant to the respective policy terms. 23-2-4439 Marcia Little v. Paul F. Sprewell, App. Div. (6 pp.) Where driver injured her back in a car accident, trial court properly dismissed the complaint for failure to meet the verbal threshold, since her complaints of shoulder and lower back pain were unsupported by objective medical evidence. LABOR AND EMPLOYMENT 25-2-4440 Marc R. Wegleski v. Bd. of Trustees of the Police and Firemen’s Retirement Sys., App. Div. (6 pp.) Board properly held that Glen Ridge fire chief was no longer eligible for membership in a pension program, since after Glen Ridge and Montclair began to share governmental services, he was not a “fireman” for purposes of the program under N.J.S.A. 43:16A-1(2)(b). LANDLORD/TENANT 27-2-4441 Juan Morales v. Margaret McDermott, App. Div. (7 pp.) Where tenant, who withheld rent on grounds that apartment needed repairs, was evicted because she did not appear at eviction hearing due to epileptic seizures, trial court erred in not vacating the judgment, since the tenant had a meritorious defense and a legitimate reason for not appearing at the hearing. WORKERS’ COMPENSATION 39-2-4442 Francis M. Rae v. New Jersey Turnpike Auth., App. Div. (5 pp.) Workers’ compensation judge properly awarded employee total-permanent disability benefits arising from occupational pulmonary disease, even though the employee smoked, since employer failed to quantify the contribution smoking may have had on the illness. CRIMINAL LAW AND PROCEDURE 14-2-4443 State v. Bettie Jean Hagans, App. Div. (4 pp.) Where prosecutor refused to try defendant’s second trial for cocaine possession because the case was assigned to another prosecutor, trial court properly dismissed the indictment, since the state declined to proceed with case as required by the trial judge, who said the state would not have been substantially prejudiced if the trial proceeded without the same prosecutor who handled the first trial, which ended in a hung jury. 14-2-4444 State v. Eric Maister, App. Div. (6 pp.) Where defendant was convicted of stealing from his employer, a corporation which managed retirement communities, trial court erred in considering aggravating factor 12 of N.J.S.A. 2C:44-1a–intended to penalize a defendant who preys upon the elderly or disabled–which does not apply to a corporation. PLEASE NOTE THAT TODAY the following case has been approved for publication: 14-2-4181 State v. Michael Della Rosa.[Available online in N.J. Full-Text Documents.]

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