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VOL. 2, NO. 207 DECISIONS RELEASED NOVEMBER 28, 1994 AUTOMOBILES – NEGLIGENCE 05-2-4398 Pamela Kimmel, et al. v. Heather Court, et al., App. Div. (4 pp.) Where plaintiff claimed that a car accident aggravated a pre-existing back injury, jury award of no damages was supported by ample evidence in the record. FAMILY LAW 20-2-4399 Gayle E. Donley v. Edward C. Donley, App. Div. (8 pp.) Trial court erred in awarding wife increase in alimony on grounds of unconscionability based on a factual mistake about wife’s disability, since (1) unconscionabilty is not the standard for resolving entitlement to alimony modification and (2) wife did not demonstrate changed circumstances. EDUCATION – GOVERNMENT 16-2-4400 Bd. of Educ. of Township of Neptune, Monmouth County v. The Neptune Township Educ. Ass’n, App. Div. (3 pp.) State Public Employment Relations Commission properly placed a cease and desist order on the board, since the board committed an unfair practice by publicly releasing proposed salary guides at a public board meeting in violation of N.J.S.A. 34:13A-5.4a(1) and (5). HEALTH – GOVERNMENT 22-2-4401 In re the Certificate of Need Application of Arnold Walter Nursing Home, et al., App. Div. (12 pp.) State Commissioner of Health improperly denied two certificate of need applications and granted two others, since the commissioner did not provide detailed reasons for the decisions.[Available online in N.J. Full-Text Decisions.] INSURANCE – AUTOMOBILES 23-2-4402 Manuel Mosquera v. Jonathan Ziluck and Rosanne Ziluck, App. Div. (4 pp.) Where plaintiff injured his back in a car accident, trial court erred in dismissing the complaint for failure to meet the verbal threshold, since a factual issue existed as to whether the plaintiff’s injuries, which prevented him from dancing and jogging, had a serious impact on his life. WILL AND TRUSTS 38-2-4403 In the Matter of the Estate of Jane d’Hedouville, deceased, et al., App. Div. (4 pp.) Where decedent’s biological daughter claimed that before her death the decedent gave the daughter valid inter vivos gifts contrary to will provisions, trial court erred in including checking account as a valid gift, since there was testimony that daughter’s name was placed on the checking account as a matter of convenience to pay decedent’s bills; the matter is remanded. CRIMINAL LAW AND PROCEDURE 14-2-4404 State v. C.R., App. Div. (12 pp.) Where defendant was convicted of first-degree aggravated sexual assault, trial court properly quashed subpoena for victim’s grandmother to testify about victim’s alleged prior false allegations of sexual attacks, since the testimony did not fall within the permissible area of inquiry under Evid. R. 20 and 22, relating to credibility and character testimony. 14-2-4405 State v. James E. Pierre, App. Div. (6 pp.) Where defendant was convicted of third-degree cocaine possession, trial court erred in sentencing defendant to an extended term, even though he qualified as a persistent offender, since there is no evidence in the record that the judge considered whether the prison term was necessary for the public’s protection.

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