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Vol. 3 No. 243 Decisions Released Dec. 26, 1995 STATE COURT CASES BANKING — RICO 06-2-7413 Interchange State Bank, etc. v. Gerald Veglia, et al., App. Div. (34 pp.) Racketeering suit brought by bank under N.J.S.A. 12A:3-419 against mortgage company — the former principal of which had admitted fraud in transferring funds out of his co-venturers’ accounts at the bank — was properly dismissed since bank was not an intended victim of the fraud and, although the fraud was the “but for” cause of bank’s liability to the account owners in a separate action, the link between the RICO acts and the injury is too remote. [Approved for publication Dec. 26, 1995. Available online in NJ Full-Text Decisions.] INSURANCE — VERBAL THRESHOLD 23-2-7414 William R.. Groves Jr. v. Earl A. Beardsworth, App. Div. (3 pp.) Since there was no objective medical evidence that could place plaintiff’s cervical, dorsal and lumbar injuries into any of the verbal-threshold statute categories, and since none of the treating physicians’ reports point to any functional disability that can be traced to the injuries sustained in the accident, summary judgment was proper for the defense. LABOR AND EMPLOYMENT 25-2-7415 Roger C. Traver v. Univ. of Medicine and Dentistry of N.J., et al., App. Div. (5 pp.) Since it is unclear whether trial judge — in holding that plaintiff’s employment discrimination case was barred by failure to serve notice in accordance with the Contractual Liability Act — considered whether the complaint also made out a claim under the Law Against Discrimination where such notice would not have applied, the dismissal is reversed. CRIMINAL LAW AND PROCEDURE 14-2-7416 State v. Alberto Ruiz, App. Div. (11 pp.) Although flight from the police cannot alone produce the articulable suspicion required to validate a Terry stop, the total circumstances surrounding defendant’s flight — such as the late hour, the high-drug area, his walking down the middle of the road, and his being known to police — all combine to make the pursuit, stop and search reasonable, and his drug possession conviction is affirmed. [Approved for publication Dec. 26, 1995. Available online in NJ Full-Text Decisions.] 14-2-7417 State v. Morris Hudson, App. Div. (6 pp.) Although the court does not approve of the judge’s augmentation of the model jury charge on reasonable doubt, since the added comments added nothing to the definition and were of reasonable utility, the court finds that the overwhelming tenor of the instruction conveyed the exacting standard and proper burden of proof, and was not, therefore, erroneous. [Approved for publication Dec. 26, 1995. Available online in NJ Full-Text Decisions] 14-2-7418 State v. Kevin Fitzsimmons, App. Div. (9 pp.) The state’s significant shift in position relative to the defendant’s drug dependency, from the first hearing on his motion for pre-trial intervention, through a remand hearing, to reargument on the motion, shows a patent abuse of discretion, and the matter is remanded for the entry of an order permitting defendant’s continued participation in PTI. [Approved for publication Dec. 26, 1995. Available online in NJ Full-Text Decisions.] 14-2-7419 State v. Derrick J. Underwood, App. Div. (12 pp.) In order to convict defendant for receiving stolen property, since defendant is the same person who allegedly stole the victim’s car, the state must prove that defendant intended an unlawful taking, and, since the trial judge failed to adequately instruct on defendant’s intent, his conviction is reversed. [Approved for publication Dec. 26, 1995. Available online in NJ Full-Text Decisions.] FEDERAL COURT CASES CONTRACTS — TORTIOUS INTERFERENCE 11-7-7420 Pat Shea Personnel Agency Inc. v. Manpower Temporary Servs. Inc., etc., U.S. Dist. Ct. (11 pp.) Since a reasonable jury could conclude based on the record that defendant intended to hire away plaintiff’s employees, and that defendant made its intentions known to the employer as part of its attempt to win a contract for in-house employment services, summary judgment is denied to defendant. LABOR AND EMPLOYMENT — U.S. ARMY 25-7-7421 Joyce A. Hudson v. Togo D. West Jr., etc., U.S. Dist. Ct. (19 pp.) The Secretary of the Army is granted summary judgment on former employee’s discrimination claim, since the evidence shows that employee was terminated because she repeatedly was discourteous to customers, abusive, defiant, and failed to follow instructions, and no evidence to support her claims that she was terminated because of her race, her handicap, or in reprisal for prior EEOC complaints she had filed. PRODUCT LIABILITY 32-7-7422 R.J. Longo Constr. Co. Inc., etc. v. Transit Am. Inc., U.S. Dist. Ct. (9 pp.) In a case alleging negligence and other breaches in connection with specially designed railroad cars, since the existence of contractual privity is still uncertain, it would be premature for the court to decide that plaintiff is precluded from maintaining a negligence or contract action under the UCC’s remedies, since such a ruling would improperly preclude plaintiff from pleading alternative recovery theories; therefore summary judgment is denied to defendant.

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