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Vol. 4 No. 83 – MAY 1, 1996 STATE COURT CASES DEBTOR/CREDITOR 15-2-8755 Eddie Hickman, et al. v. Vee Dee Elec. Distribs. Inc., et al., App. Div. (3 pp.) Where funds to satisfy a judgment against an Edward Hickman were paid to the judgment creditor’s counsel from plaintiffs’ loan proceeds, judge correctly ordered creditor’s counsel to refund counsel fees that had been deducted from the funds to the plaintiff — who was not the same Edward Hickman as the judgment debtor — since counsel was unjustly enriched. FAMILY LAW — DOMESTIC VIOLENCE 20-2-8756 S.S. v. P.S., App. Div. (3 pp.) Since the judge must consider the history of domestic violence between the parties, and not only adjudications of domestic violence, judge erred in precluding testimony about acts of domestic violence that had occurred eight months before the hearing, even though these acts had not been the subject of an adjudication. NEGLIGENCE 31-2-8757 Mary Williams, et al. v. Charles Wright, et al., App. Div. (3 pp.) Where plaintiff, a guest at defendants’ home, was aware of wet leaves on the driveway because she walked over them when she entered the house, the leaves did not pose a hidden risk, and defendants did not breach any duty owed to plaintiff, who slipped and fell on the leaves as she left the house; summary judgment for defense was proper. NEGLIGENCE — LEASES 31-2-8758 Jacqueline Maitra v. Superfresh Supermarket, et al., App. Div. (8 pp.) The Law Division misconstrued commercial lease indemnification provisions in finding that landlord/developer had to indemnify tenant/supermarket for claim brought by shopper who fell in water in supermarket; although the landlord was found negligent for failing to fix leaky roof, the jury determined that the sole proximate cause of shopper’s injury was supermarket’s failure to clean up water which had leaked from roof onto floor. PRODUCT LIABILITY — AIR BAGS 32-2-8759 Beatrice Cerkez, et al. v. Chrysler Corp., et al., App. Div. (6 pp.) On plaintiff’s complaint for burns and abrasions to her face when her air bag deployed upon impact with another vehicle, trial judge properly granted defendant’s motion for summary judgment on the ground that plaintiff had not offered any expert testimony to prove that the air bag was defective, and the evidence did not support her contention that her injuries were severe enough such that the finder of fact could infer that the air bag malfunctioned. PRODUCT LIABILITY — POOLS 32-2-8760 Thomas A. Kleban v. Heldor Indus. Inc., App. Div. (17 pp.) (1) Since plaintiff did not prove that the pool in which he was injured was defective for failure to have a warning about night swimming with the light off, the judge correctly refused to submit this claim to the jury. (2) The court correctly submitted to the jury the plaintiff’s claim that the pool was defective for failure to warn of the need for divers to steer upward after diving, to avoid impact with the pool bottom. FEDERAL COURT CASES LABOR AND EMPLOYMENT 25-7-8761 Lonnie Bedell v. Merchandise Drivers Local Union No. 641, IBT, U.S. Dist. Ct. (10 pp.) Dismissal is required of union member’s complaint that he has been continually retaliated against, harassed, and discriminated against because he filed — and assisted a co-worker with her filing of — EEOC charges, since there is no evidence that any act of discrimination occurred during the relevant filing period. LABOR AND EMPLOYMENT — ARBITRATION 25-7-8762 Great W. Mortgage Corp. v. Michele Peacock, U.S. Dist. Ct. (7 pp.) Where the employment application package contained, and plaintiff signed, an agreement to arbitrate all civil claims between the parties, and where such claims have arisen and fall within the scope of the arbitration agreement, the court finds that the agreement is governed by the Federal Arbitration Act, which mandates arbitration of the claims, orders arbitration, and stays plaintiff’s state court case challenging the arbitration agreement. Editor’s Note: Yesterday’s Alert was inadvertently transmitted with two case names missing. The first real estate case, dealing with easements, 34-2-8745, is titled Alexander Kase, et al. v. Skyline Village Condo. Ass’n Inc., et al. The second real estate case, dealing with realtors, 34-2-8746, is titled Oliver Byrne, et al. v. Weichert Realtors, et al. We regret any confusion. A Daily Reporter of N.J. Court Decisions

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