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Vol. 4, No. 193 — OCTOBER 7, 1996 STATE COURT CASES ARBITRATION 03-2-0191 Carl H. Stover v. Tobia Scotto D Aniello, App. Div. (4 pp.) The arbitrator flagrantly disregarded his authority in failing to formally respond to the parties inquiries as to whether he intended to consider additional evidence presented after the close of testimony, but then stating in an ex parte communication with plaintiff s counsel that he would consider all evidence submitted without giving defendant a chance to cross-examine on this new evidence, and award must be vacated. FAMILY LAW 20-2-0192 Nanette Petraroli v. Francis Vincent Petraroli, App. Div. (4 pp.) The defendant correctly argues that the judgment entered in his divorce action did not reflect the settlement placed on the record between the parties one month earlier, in that he did not agree to pay permanent alimony, however other parts of the judgment are affirmed. NEGLIGENCE — POLICE 31-2-0193 Karina San Lorenzo v. William J. Eden, et al., App. Div. (5 pp.) Since jury found that, at the time of the automobile accident, police officer was not in pursuit of a suspected violator as he claimed, and that his negligence was the sole cause of the accident, the statutory immunities cited in defense by the officer do not apply. NEGLIGENCE — VALET PARKING 31-2-0194 Saseen S. Abujawdeh v. Riteway Airport Pkg., Inc., App. Div. (4 pp.) Although a parking facility has a duty to exercise reasonable care in the operation of a car that has been entrusted to its custody, it is not liable to its customer simply because a mechanical malfunction becomes manifest shortly after the car is returned to the customer, and since the customer here failed to sustain his burden of proof that the parking facility was negligent in the care of the car, judgment for customer for transmission repair costs is reversed. PHYSICIAN/PATIENT 29-2-0195 Thomas Oliva, etc., et al. v. Sayed Aly, M.D., App. Div. (6 pp.) Jury award affirmed in favor of plaintiffs in medical malpractice action alleging that defendant so improperly over- prescribed the antibiotic, Keflex, that it caused infant plaintiff to suffer from ulcerative colitis necessitating the removal of his colon, and the fact that plaintiff s expert witness was not a doctor is irrelevant, since he was qualified to testify in the fields of toxicology and pharmacology, and since his testimony, measured against defendant s own standards as to dosage and duration of medication, lead to the same conclusion of deviation from acceptable standards. PUBLIC EMPLOYEES — ACCIDENTAL DISABILITY PENSIONS 33-2-0196 Marcia Knoster v. Bd. of Trustees, P.E.R.S., App. Div. (3 pp.) The conclusion of the ALJ and PERS Board that a six-inch to one foot elevator drop, causing injury to the passenger plaintiff, did not constitute a great rush of force or uncontrollable power was not unreasonable, and denial of plaintiff s application for an accidental disability pension is affirmed. WORKERS COMPENSATION — SPECIAL EMPLOYEES 39-2-0197 Teresa Campbell, et al. v. Air Cruisers Co., Inc., etc., et al., App. Div. (8 pp.) Judge properly dismissed plaintiff s personal injury claims, finding that plaintiff, a temporary worker, provided by temporary agency to participate in defendant s testing of prototype emergency airline evacuation slides, was a special employee and that her sole remedy for injuries sustained in the testing was through Workers Compensation. CRIMINAL LAW AND PROCEDURE 14-2-0198 State v. Ronald S. Brunson, Jr., App. Div. (5 pp.) Judge erred in ex parte providing the jurors with his written draft copy of the jury instructions in the absence of counsel, which instructions contained crossed-out language, because it cannot be said with certainty that the redacted material did not cause the jury s expressed confusion over the issue of recklessness about which it sought further instruction, only to be referred back to the original written instructions, and defendant s aggravated manslaughter conviction is reversed. 14-2-0199 State v. Robert A. Spina, App. Div. (9 pp.) Judge erred is dismissing count one of indictment charging defendant with second degree official misconduct since there was ample evidence presented to the grand jury to support an inference that a phone call — of which defendant was made aware — was placed to former West Orange police chief and was part of an ongoing campaign to harass, and the jury could have inferred that defendant understood that, yet failed to discharge his duty by doing nothing to report or prevent it. FEDERAL COURT CASES JURISDICTION — CONTRACTS 24-7-0200 Thomas Ciotti, et al. v. Donald G. Malan, et al., U.S. Dist. Ct. (15 pp.) Although there is no general personal jurisdiction over defendants, a Virginia resident and corporation, who met a few times with N.J. plaintiff in Virginia to discuss their offer to finance plaintiff s venture, but conducted the rest of their dealings largely by telephone and mail, the court finds that the standards for specific jurisdiction are met, based on both defendants ties to N.J. through the guarantee they signed and on the basis of their ongoing contract negotiations surrounding the financing that never materialized. [Filed Sept. 26, 1996.] TRANSPORTATION — AIRLINES — DELAYS — EMOTIONAL DISTRESS 49-7-0201 Srichand Bharani, et al. v. Virgin Atlantic Airways, Ltd., et al., U.S. Dist. Ct. (16 pp.) Although the Federal Aviation Administration Authorization Act of 1994 does not apply to defendant — a foreign airline — and therefore airline s preemption argument is denied, the court grants airline s motion for summary judgment dismissing claims for emotional distress allegedly sustained as the result of a one-day delay in plaintiffs flight from N.J. to London, since plaintiffs have failed to prove that the delay was the proximate cause of their being unable to attend funeral of a relative in India. [Filed Sept. 26, 1996.] A Daily Reporter of New Jersey Court Decisions

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