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Vol. 3 No. 234 Decisions Released Dec. 12, 1995 STATE COURT CASES CIVIL RIGHTS — PUNITIVE DAMAGES 46-2-7293 Archie Lewis v. City of Jersey City Police Dept., App. Div. (3 pp.) Punitive damages against public entity in discrimination suit are not permitted by statute and were thus properly deducted from plaintiff’s Division on Civil Rights award. FAMILY LAW 20-2-7294 Janet Ann Coffey, et al. v. Thomas P. Coffey, App. Div. (18 pp.) Appointment of receiver was proper where evidence supports existence of an active trust in which defendant retained legal title to assets for the ultimate benefit of his children but also shows that defendant breached his fiduciary duties in various ways and used the trust to control and punish his children.[Approved for publication Dec. 12, 1995. Available online in NJ Full-Text Decisions.] HEALTH — CERTIFICATES OF NEED 22-2-7295 In the Matter of the South Jersey Hospital System, etc.; In the Matter of the Mediplex-Cumberland Rehabilitation Partnership, etc., App. Div. (9 pp.) Commissioner of Health properly granted a certificate of need to Mediplex over South Jersey since the latter’s claim of entitlement to priority consideration because of its management agreement with an existing rehabilitation service provider is without merit. INSURANCE 23-2-7296 Claire R. Finley v. CIGNA/Atlantic Employers Ins. Co., et al., App. Div. (6 pp.) Since plaintiff has not shown that insurer’s termination of her PIP benefits — because she had reached the maximum benefit from therapy — reached a level of intentional or outrageous conduct, her claim for punitive damages was properly dismissed. INSURANCE — JURISDICTION — COMITY ANALYSIS 23-2-7297 American Home Products Corp., et al. v. Adriatic Ins. Co., etc., et al., App. Div. (20 pp.) Since plaintiffs have shown sufficient “special equities” to justify retention of jurisdiction over this environmental coverage action, judge’s denial of insurers’ motion to dismiss is affirmed. [Approved for publication Dec. 11, 1995. Available online in NJ Full-Text Decisions.] INSURANCE — VERBAL THRESHOLD 23-2-7298 Maria Reyes, et al. v. Evelyn Morales v. Perth Amboy Bd. of Education, App. Div. (4 pp.) Since the No-Fault Act and the Workers’ Compensation Act are not mutually exclusive, plaintiff’s claim that her common law negligence action is not subject to the No-Fault Act because her medical bills were paid by her compensation carrier is without merit. 23-2-7299 Liubinca Draghici v. Arthur F. Smith, Jr., App. Div. (3 pp.) Slight subjective evidence of a negative effect of an accident on plaintiff’s lifestyle did not constitute a preponderance of the evidence sufficient to determine that the accident caused a serious impact on the plaintiff’s life, and her suit was correctly dismissed. JURISDICTION 24-2-7300 Nancy Asprocolas, et al. v. Alpina Ski Shop, App. Div. (4 pp.) Complaint of N.J. residents against Pennsylvania ski shop was properly dismissed for lack of personal jurisdiction where ski shop operated in Pennsylvania and had no outlets or bank accounts in N.J. and, with the exception of a coupon in an entertainment book, did not advertise here. LABOR AND EMPLOYMENT — UNEMPLOYMENT COMPENSATION 25-2-7301 Joanne Mangiamele Higgins v. Bd. of Review, et al., App. Div. (3 pp.) Claimant’s failure to report to work, allegedly because she was too stressed from rumors that she would be discharged and because she could not arrange child care, constituted a voluntary separation initiated by her and she was ineligible for unemployment compensation benefits. 25-2-7302 Christopher Delli Santi v. Bd. of Review, et al., App. Div. (3 pp.) Where former firefighter suspended for drug use was reinstated on the condition that he remain drug free, and a subsequent urine test revealed that he had cocaine in his system, he was guilty of gross misconduct connected with his work and was not entitled to unemployment compensation benefits when he was terminated. LANDLORD/TENANT — RENT LEVELING 27-2-7303 Pinewood Estates of Michigan v. Barnegat Twp. Rent Leveling Bd., App. Div. (13 pp.) On mobile home park’s application for a hardship rent increase, there was substantial credible evidence in the record to support the trial judge’s finding that the rent leveling board’s limitation of an off-site management fee to two and one-half percent was arbitrary and capricious and to support the court’s award of a fee of seven percent. NEGLIGENCE 31-2-7304 Steve Berki, et al. v. Jackson Twp., etc., et al., App. Div. (9 pp.) In a suit for injuries suffered when plaintiff fell into a dumpster while unloading materials, trial judge did not err in precluding plaintiff from submitting medical evidence relating to his cognitive level at the time of trial, which allegedly was affected by the head injury resulting from the fall, since such evidence was aimed at plaintiff’s credibility and plaintiff’s argument that, because of the head injury, he should be held to a lesser degree of proof, is without merit. 31-2-7305 Mark H. Daaleman, et al. v. County of Union, et al., App. Div. (5 pp.) Natural visual obstructions caused by trees and underbrush do not constitute the type of dangerous condition which endangers the safe movement of traffic, thus requiring emergency signals or signs as provided in N.J.S.A. 59:4-4, and suit alleging such conditions caused automobile accident was correctly dismissed. 31-2-7306 Louis Mazzeo, et al. v. Whispering Pines South Master Assn., Inc., et al., App. Div. (24 pp.) Where tenant slipped and fell on snow and ice next to his car parked in the condominium parking lot, jury verdict of no cause for condominium association was proper, since the responsibility for salting and shoveling the areas between parked cars — where the association’s plows cannot go — is the tenant’s. PARENT/CHILD 28-2-7307 In the Matter of the Guardianship of D.H.G., a Minor, App. Div. (5 pp.) Termination of parental rights was appropriate where judge found that the health and development of a seven-year old girl with cerebral palsy would be seriously impaired or destroyed if she were returned to natural parents. REAL ESTATE — TRUSTS — ATTORNEYS 04-2-7308 Williamsburg Associates, Inc. v. Fred S. Dubowsky, etc., App. Div. (5 pp.) In suit by mortgagee against defendant — who, representing himself to a court as “an interested attorney and trustee,” obtained an ex parte order directing court clerk to release escrowed funds to him and then wrongfully disbursed the funds without protecting a known lien — judgment for plaintiff was properly entered. FEDERAL COURT CASES CORRECTIONS — CLASS ACTION SETTLEMENTS 13-7-7309 Eugene Hairston, et al. v. William Fauver, et al., U.S. Dist. Ct. (9 pp.) In a class action brought by inmates — alleging constitutional violations due to inadequate prison medical care — the court grants judicial approval of the proposed class action settlement, which establishes procedural mechanisms for assuring the adequacy of medical care and provides avenues for further relief should such care not be forthcoming. PUBLIC RECORDS — FREEDOM OF INFORMATION ACT 52-7-7310 Richard Paul Zuckerman v. Federal Bureau of Investigation, U.S. Dist. Ct. (11 pp.) FBI’s motion to dismiss pro se plaintiff’s complaint — seeking to obtain FBI records concerning himself — is denied, since the FBI is a proper party to the suit under the Freedom of Information Act, but since the bureau has been flooded with FOIA requests, the court finds “exceptional circumstances” justifying an extension of time to comply.

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