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Vol. 3 No. 145 Decisions Released August 3, 1995 STATE COURT CASES ADMINISTRATIVE LAW AND PROCEDURE 01-2-6308 Lisa Davis, et al. v. Robert J. Segal, et al., App. Div. (3 pp.) Plaintiffs’ complaint against county medical examiner– alleging that he failed to comply with certain statutes by not going to a death scene or carrying out required investigations–was properly dismissed because plaintiffs failed to exhaust their administrative remedies. EDUCATION 16-2-6309 Somerset Hills School Inc. v. John Ellis, Comm’r of Educ., et al., App. Div. (21 pp.) Final decision of the state Department of Education, ordering private school for troubled boys to refund 10 days’ tuition to contributing school districts, is affirmed, since the 10 days in question, used for teacher orientation and team teaching, should not have been considered days in which the school was “in session,” and the fact that the educational monitoring team may have erred in overlooking the problem in prior years did not convert the improperly credited days into instructional days, despite the school’s good-faith reliance on the monitoring team’s approval of the school-year calendar in those prior years. INSURANCE — VERBAL THRESHOLD 23-2-6310 Laura Piasecki, et al. v. Samuel Solis III, App. Div. (5 pp.) Summary judgment for defense on remand was proper, since the unsigned certification presented by plaintiff’s doctor did not present sufficient objective medical evidence of causation relating plaintiff’s medical condition within the first 180 days of the accident to the accident itself and did not, therefore, satisfy the requirements of a type 9 injury under the statute. NEGLIGENCE 31-2-6311 Joanne Adams v. John Wanamaker Store, et al., App. Div. (4 pp.) In a case where the plaintiff was injured when a store escalator stopped suddenly due to power failure, summary judgment was properly entered in favor of power company since the plaintiff failed to demonstrate a breach of a duty, and the mere fact of a power outage is not negligence on a res ipsa loquitur theory, because too many things might have occurred to cause the outage that would not constitute negligence. 31-2-6312 Norman McDougal v. Wall Twp., et al., App. Div. (6 pp.) In a case involving and accident that occurred on an icy road, the no-cause jury verdict against township is reversed because the jury should have been instructed to determine whether the icy condition was so extraordinary that it would not be reasonably apparent or anticipated by a careful motorist, whether the township had actual notice of the condition, and whether it was palpably unreasonable for the township to fail to act with regard to this condition once it became aware of its existence. CRIMINAL LAW AND PROCEDURE 14-2-6313 State v. Alfonso Villa, App. Div. (7 pp.) Since defendant’s attack on the warrantless entry into his premises–which the police claimed was made under exigent circumstances to secure the property until the arrival of the search warrant–was not raised below, there are no factual findings and the matter is not ripe for appellate review, remand is required for a hearing addressed to the reasonableness of the entry.

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