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Vol. 3 No. 78 DECISIONS RELEASED APRIL 26, 1995 CIVIL PROCEDURE 07-2-5505 Robert G. Chesney v. P.C.M. Construction, et al., App. Div. (2 pp.) The trial judge did not abuse his discretion in denying plaintiff’s motion to reopen his complaint (dismissed involuntarily for failure to prove his case), even though it was clear from the certification filed in support of the reopener motion that plaintiff had the evidence to support his claims, since he simply had failed to present it previously. INSURANCE — VERBAL THRESHOLD 23-2-5506 Francisco Caratozzolo v. Santos A. Ramos, et al., App. Div. (6 pp.) The trial court erred in ruling that plaintiff failed to present sufficient objective medical evidence to meet the verbal threshold where defendant’s own expert did not dispute that the MRI or electrodiagnostic tests performed on plaintiff were objective, and where these tests revealed conditions which the plaintiff’s experts related to the accident and characterized as chronic, having a serious impact on plaintiff. CRIMINAL LAW AND PROCEDURE 14-2-5507 State v. Eugene K. Brinson, App. Div. (4 pp.) Since the record raises serious doubts whether the prosecutor and defendant ever reached a definite agreement regarding the terms of a plea agreement, the trial judge acted within his discretion in denying the defendant the opportunity to accept a plea bargain, even though this then exposed the defendant to an extended term sentence. -

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