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Vol. 3 No. 189 Decisions Released Oct. 5, 1995 STATE COURT CASES FAMILY LAW 20-2-6666 P.L. v. M.L., App. Div. (5 pp.) Final restraining order against husband finding him guilty of domestic violence and granting temporary custody of child to wife is reversed because, according to the wife’s testimony, she was struck by her husband’s elbows while she attempted to get their son away from the husband during a scuffle; no testimony indicates that the husband purposely, knowingly or recklessly caused her bodily injury. INSURANCE — VERBAL THRESHOLD 23-3-6667 Carmelo Rivera v. Samuel Fortunato, et al., Law Div. (17 pp.) The verbal threshold does not apply to victims of hit-and-run accidents seeking compensation from the Unsatisfied Claim and Judgment Fund. [Approved for publication Oct. 5, 1995]. PUBLIC EMPLOYEES 33-2-6668 Willard Cooper v. Del. River Port Auth., App. Div. (3 pp.) Plaintiff did not suffer a constructive discharge when a new position was created to which he wasn’t appointed because his employment contract’s seniority provision only applied where two or more people had held the same abolished position.. TORTS — NEGLIGENCE 36-3-6669 Carmen de Melio, et al. v. Dr. Philip Schrager, et al., Law Div. (19 pp.) A plaintiff may recover for emotional distress arising out of a fear of AIDS only where there exists proof of actual exposure to the AIDS virus and where a scientifically acknowledged channel of transmission has been articulated, but where, as here, there exists proof that a defendant’s wrongful conduct was either intentional or recklessly indifferent, a rebuttable presumption of exposure will arise, enabling plaintiff to survive a summary judgment motion. [Approved for publication Oct. 5, 1995].

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