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Vol. 3 No. 164 Decisions Released August 30, 1995 STATE COURT CASES CRIMINAL LAW AND PROCEDURE 14-2-6459 State v. Joseph C. Williams, App. Div. (5 pp.) Where trial court imposed fines and penalties on each of five drug- related counts of the indictment despite fact that three of the counts had been merged into the other two, sentences should have been imposed only on the two surviving counts for which defendant was convicted, and remand for correction is appropriate.[Approved for Publication] WORKERS’ COMPENSATION 39-11-6460 Paul Ferrara v. Passaic County Manchester Regional High School, Workers’ Comp. Ct. (39 pp.) In an accident (conceded by the employer) where petitioner, an industrial arts teacher, was struck in the head by a falling steel rod in his classroom, the petitioner has sustained his burden of proving causal relationship between the accident and his sleep disorder of traumatic hypersomnolence, and he is found to be totally and permanently disabled as a result of the disorder. 39-11-6461 Christina Ciccolello v. Pathmark Supermarkets General, Workers’ Comp. Ct. (29 pp.) Where petitioner, a deli clerk at respondent’s supermarket, fell in the walk-in refrigerator and suffered lower back injuries, with pain radiating into her legs, the judge found that, while the accident did not create petitioner’s degenerative medical condition of spinal stenosis,it clearly set off a series of physical complaints which ultimately prevented petitioner from continuing her position as deli clerk with respondent, and therefore, her complaints are causally related to the accident; however, petitioner’s actions as observed by respondent’s surveillance witness, together with her appearance in the courtroom, convinced the judge that the petitioner is capable of clerical work of a non-demanding nature without surgery, should she elect to seek such employment. FEDERAL COURT CASES BANKRUPTCY 42-6-6462 Oil, Chemical and Atomic Workers AFL-CIO-CLC et al. v. Hanlin Group, Inc. et al., Bankr . Ct. (10 pp.) Debtor-defendant’s motion to dismiss adversary proceeding is granted on ground that union has no associational standing to present claims on behalf of its members for violation of WARN Act, but union is permitted to amend complaint to add individual members as plaintiffs.[Approved for Publication] INSURANCE 23-7-6463 Pittston Company et al. v. Allianz Insurance Company et al., U.S. Dist. Ct. (126 pp.) In suit against comprehensive general liability (CGL) insurer and comprehensive marine liability (CML) insurers for costs of environmental remediation of harbor site used in oil storage and shipping, summary judgment to CGL insurer is denied because (1) continuous-trigger theory applies since contamination of the site was due to an indivisible process of damage during policy period, (2) plaintiff’s subjective intent concerning state of contamination of the site and whether it intended or expected the damage at issue are the subject of genuine dispute and (3) evidence is insufficient whether plaintiff expected or intended to discharge pollutants before the date of an environmental audit. Summary judgment for CML insurers granted where policies do not by their terms cover acts of pollution or where known-loss doctrine would bar coverage.[Approved For Publication]

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