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Vol. 3 No. 62 DECISIONS RELEASED APRIL 3, 1995 AGENCY AND PARTNERSHIP 02-2-5310 Marian Drogin v. Drogin Bus Company, App. Div. (6 pp.) Since closely held family corporation had operated for years, with respect to the family members, as a partnership, it must be treated legally as a partnership, and the corporate business judgment rule cannot be used to repudiate the long-accepted agreements and practices of the “partners.” FAMILY LAW 20-2-5311 Arlene M. Decker v. John L. Decker, Jr., App. Div. (21 pp.) Since educational expenses are a joint obligation of both parents where, as here, each has an ability to contribute, it was a clear abuse of discretion for the trial judge to place the entire cost of the daughter’s college education on the husband, and, in determining the contributions of each parent on remand, the court also must consider the child’s earning capacity. INSURANCE 23-2-5312 N.J.A.F.I.U.A. v. Lora Williams, App. Div. (3 pp.) The motion judge erred when he concluded that the JUA cancellation notice was ineffective (thereby affording coverage to the defendant for an accident which occurred after the purported cancellation date) since the deficiency involved failing to furnish a specific postal certificate of mailing and this was obviated by the fact that the insured acknowledged receipt of the cancellation notice. INSURANCE – VERBAL THRESHOLD 23-2-5313 Lisa M. Capriglione v. Steven T. Warden, et al., App. Div. (8 pp.) Plaintiff had presented sufficient proof to survive defendant’s motion where both of her doctors found evidence of spasm, confirmed in an MRI report, and where the MRI report also verified bulging annuli in her spine, which, in turn, were explicitly related to the automobile accident. WORKERS’ COMPENSATION 39-2-5314 Marie A. Pompo v. Forty Winks, App. Div. (5 pp.) Where an employee had been instructed to attend a seminar with her manager, and fell in the parking lot while helping him carry materials back to his car after the seminar, the fact that she had not been paid to attend the seminar is of no consequence, nor is consideration of her ultimate (personal) destination, since she still had not deviated from the scope of her “special mission” when the accident occurred, and therefore the trial judge erred in dismissing petitioner’s claim. CRIMINAL LAW AND PROCEDURE 14-2-5315 State of New Jersey v. Anthony Green, App. Div. (9 pp.) Since the third-degree crime of child endangerment applies only to those persons who have assumed a general and ongoing responsibility for the care of a child, the trial judge erred in instructing the jury that defendant could be found guilty even if he had assumed such responsibility on a temporary basis, and therefore a new trial is mandated, unless the state wishes to accept a downgraded conviction to fourth-degree endangerment, since the convictions fully satisfy the judge’s charge on that crime. -

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