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Vol. 3 No. 186 – OCTOBER 2, 1995 STATE COURT CASES INSURANCE — VERBAL THRESHOLD 23-2-6642 Jennifer Mazza, etc., et al. v. Cynthia M. Martin, et al., App. Div. (7 pp.) Plaintiff’s complaints of severe neck and back pain, debilitating headaches and resultant inability to concentrate in school, and difficulty in her job, were sufficient to overcome the defense motion for summary judgment on the basis that plaintiff failed to show that her injuries had a serious impact on her life, and thus dismissal of the suit was improper. NEGLIGENCE — PRODUCT LIABILITY — SKIING 31-2-6643 Donna Jamieson v. Camelback Ski Corp., App. Div. (17 pp.) (1) Negligence claim against ski resort was properly dismissed where plaintiff signed a release as part of the rental agreement for her skis. (2) Product liability claim for defect in ski bindings was properly dismissed since plaintiff’s expert never related the alleged defect to plaintiff’s particular skis, bindings or other circumstances surrounding the accident. PUBLIC EMPLOYEES — ACCIDENTAL DISABILITY RETIREMENT 33-2-6644 Anna Boychuk v. Bd. of Trustees of the Public Employees’ Retirement System, App. Div. (7 pp.) Denial of clerk/typist’s application for accidental disability retirement was proper, where the etiology of her hypersensitivity to an unknown environmental irritant was uncertain and an environmental assessment of the workplace revealed no contaminants or unsafe conditions. CRIMINAL LAW — VIOLENT CRIMES COMPENSATION BOARD 14-2-6645 In the Matter of Lisa LaMorte, App. Div. (4 pp.) Although crime victim’s husband was required to help to a greater extent with child care, household duties and patient care while she was recovering from her injuries, this did not prove that he was either “unemployed” or that he suffered a diminution of earnings. FEDERAL COURT CASES ADMIRALTY 54-7-6646 In the Matter of the Complaint of Nautilus Motor Tanker Co., Ltd., etc., U.S. Dist. Ct.(21 pp.) Where defendant, as a berth operator, was a fixed presence in the waterway where the accident occurred, and it was thus entirely foreseeable that the vessel would wind up for extensive repairs in defendant’s berth, thereby disrupting defendant’s business, defendant belongs to a class of foreseeable plaintiffs, its economic losses were proximately caused by the spill, and vessel owner is liable for these damages. BANKING — REMAND 06-7-6647 Amboy National Bank v. The General Ins. Co. of Trieste and Venice, et al.; Citibank, N.A. v. Midlantic National Bank; Midlantic Bank, N.A., etc. v. The Resolution Trust Corp., etc., et al., U.S. Dist. Ct. (9 pp.) Under the jurisdictional provision of FIRREA, the addition of the Resolution Trust Corporation as a party, as receiver for a third- party defendant bank, transformed the entire action — alleging wrongful payment and breach of warranties — into one that arises under federal law and motion to remand is denied. JURISDICTION 24-7-6648 Adam Technologies, Inc. v. SCI Systems, Inc., U.S. Dist. Ct. (52 pp.) Although plaintiff has not shown substantial, ongoing, systematic and purposeful activity between defendant and the state of N.J. to justify a finding of personal jurisdiction over defendant, defendant’s motion to dismiss the case is denied, and its alternative motion to transfer the case to Alabama is granted. NEGLIGENCE 31-7-6649 Lloyd Sibert v. John Phelan, et al., U.S. Dist. Ct. (11 pp.) Civil claims against police officers — for injuries plaintiff allegedly sustained during flight at the time of arrest — are not barred by res judicata, since plaintiff could not have asserted them in his criminal trial, but since the issues pertaining to the officers’ conduct were fully litigated in the course of a suppression motion in the criminal proceeding, the claims are barred by the doctrine of issue preclusion. [For publication.] Federal Opinion Approved for Publication: 10-7-6556 The Presbytery of N.J., etc., et al. v. James Florio, et al.

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