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Vol. 4 No. 34 Decisions Released Feb. 21, 1996 STATE COURT CASES CORRECTIONS 13-2-7945 Bryan P. Coyle, et al. v. Dept. of Corrections, App. Div. (12 pp.) Reversal is required of inmates’ disciplinary charges for attempted escape, because, except for having been advised that the authorities had discovered an escape attempt, and having received some details about it, the inmates were not provided with sufficient particulars on the facts collected by the authorities to furnish them with an adequate opportunity to defend against the charge of their involvement. FAMILY LAW 20-2-7946 Patricia Hoffman v. Daniel Burghoffer, App. Div. (3 pp.) Judge’s order requiring father to continue to pay the originally ordered child-support amount during his several months of temporary unemployment, with the balance under the new child- support order to accrue as arrearages, was a sound exercise of judicial discretion and cannot be overturned on review. INSURANCE — INDEMNIFICATION 23-2-7947 Joyce Reed v. Ernie Meissner, et al., App. Div. (5 pp.) Employee of record company was not entitled to indemnification from record company’s insurer — under either the workers’ compensation or employer’s liability policy issued to the record company — for attorney’s fees incurred in defending an action brought against the employee by a co-employee of the record company. INSURANCE — PREJUDGMENT INTEREST 23-2-7948 Estate of Shakarr Andre Burwell, et al. v. Thomas Petrillo, et al., App. Div. (5 pp.) An insured, whose insurer becomes insolvent and whose obligations are assumed by the New Jersey Property-Liability Insurance Guaranty Association, is not responsible for paying prejudgment interest on an unliquidated damage award, and that portion of the judgment awarding prejudgment interest to plaintiffs on insured’s proportionate share of judgment is reversed. LANDLORD/TENANT — RENT CONTROL 27-2-7949 PMRA/CWS Mobile Home Partners v. Gloucester Twp. Rent Stabilization Bd., et al., App. Div. (7 pp.) The Rent Stabilization Board erred in failing to charge any of the plaintiff’s rent-controlled mobile home pads with a portion of the real estate taxes attributable to a clubhouse and pool with which plaintiff improved the mobile home park, since the pads’ renters clearly enjoyed the use of those amenities and should be charged for them. NEGLIGENCE 31-2-7950 Maryann Guidetti v. Murray A. Chaifetz, et al., App. Div. (5 pp.) The trial judge did not err in failing to specifically ask the jury whether the defendant was the operator of the vehicle alleged to have struck plaintiff, since the factual issues were plainly laid out in summations and in the judge’s supplementary instructions, and the jury’s verdict, that defendant was not negligent, was not ambiguous. 31-2-7951 Jaroslaw J. Kalinowski v. Samuel F. Fortunato, etc., et al., App. Div. (6 pp.) Involuntary dismissal in suit against the Unsatisfied Claim and Judgment Fund was proper since plaintiff failed to sustain his burden of proof that he was involved in an automobile accident, where his only recollection was that he felt a “bump” while riding his bicycle in the park, and then was given assistance by a man who drove away in an automobile plaintiff thought he had previously seen on the ril himself of that opportunity. FEDERAL COURT CASES CONTRACTS — TRANSPORTATION 11-7-7953 Consolidated Rail Corp., etc. v. Alliance Shippers, Inc. v. Advantage Specialties, et al. v. G.S.T. Corp., et al., U.S. Dist. Ct. (33 pp.) On the facts of this case involving allocation of responsibility for damages, where railroad discovered that certain of its trailers — which had been moved out of state through various entities — contained garbage rather than paper as specified in the bills of lading, shipper was responsible for railroad’s damages based on the intermodal contract between the parties, and resource management broker and its two principals are liable to shipper because they perpetrated a common law fraud upon the shipper. CORRECTIONS — INEFFECTIVE ASSISTANCE OF COUNSEL 13-7-7954 Joseph Wheeler v. U.S.A., U.S. Dist. Ct. (14 pp.) Inmate was not deprived of effective assistance of counsel in his bankruptcy fraud prosecution, since it is difficult to see what more the attorney could have done, and attorney cannot be faulted simply because a judge does not accept his entire position. LABOR AND EMPLOYMENT — FAIR LABOR STANDARDS ACT 25-7-7955 Michael Donnelly, et al. v. N.J. Highway Auth., U.S. Dist. Ct. (19 pp.) Employer’s motion for summary judgment — on complaint alleging violations of the FLSA — is granted in part because crew supervisors are exempt from the FLSA provisions in question, but, since a genuine issue of fact exists as to whether equipment trainers are exempt, summary judgment is denied as to those employees. NEGLIGENCE — JURISDICTION 31-7-7956 Peter Richards, et al. v. Village Homeowner Assn., et al., U.S. Dist. Ct. (7 pp.) Case for injuries sustained at Colorado resort is transferred to Colorado, since plaintiffs cannot establish personal jurisdiction over the resort because general solicitation seeking business in New Jersey — through advertisements in national skiing magazines and placement of brochures in New Jersey travel agencies — cannot satisfy the minimum contacts requirement. CRIMINAL LAW AND PROCEDURE — HABEAS CORPUS — COUNSEL 14-7-7957 Gregory Marshall v. George Wilson, et al., U.S. Dist. Ct. (11 pp.) Because the petitioner’s Oklahoma conviction — which he challenges as invalid — occurred in 1968, any relevant witnesses may be difficult to locate, and, although it may be unlikely that petitioner will overcome the substantial burden that must be satisfied to prevail on his claim, he is entitled to try, and is granted appointment of counsel to pursue his claim.

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