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Vol. 4 No. 121 – JUNE 25, 1996 STATE COURT CASES ATTORNEY/CLIENT 04-2-9345 Samuel Needleman v. Martin Krugman, Esq., etc., et al., App. Div. (12 pp.) Since there are no contested facts surrounding the execution of the plaintiff�s comprehensive and specific separation agreement with his wife — in which he waived any interest in her estate — summary judgment was properly granted to attorneys on plaintiff�s malpractice claim, filed after another judge had ruled against plaintiff on plaintiff’s attempt to set aside deed the now-deceased wife had made conveying her interest in the marital residence, and also to set aside the divorce wife had obtained during her lifetime. AUTOMOBILES 05-3-9346 I/M/O the Admissibility of Motor Vehicle readings produced by the LTI Marksman 20-20 Laser Speed Detection System, Law. Div. (30 pp.) In the absence of scientific proof that the laser speed detector is accurate and reliable enough to be used for law enforcement purposes, laser-detector speed readings will not be admitted in evidence in any municipal court case in Morris and Sussex counties involving an alleged motor vehicle law violation. FAMILY LAW 20-2-9347 George J. Tweedley Jr. v. Sharon L. Tweedley, App. Div. (8 pp.) The trial judge correctly held that the marital torts plaintiff committed against defendant were not barred by a two-year statute of limitations, but related back to the filing of the complaint, and the $10,000 award to defendant for those torts is affirmed, however, a $25,000 award for marital rape is reversed, since the expert testimony supporting that damages claim was inadmissible. INSURANCE — P.I.P. 23-2-9348 Kathy A. Beebe v. Robert Everham, et al., App. Div. (3 pp.) The motion judge correctly dismissed plaintiff�s PIP claim since her injury — caused by falling in a sinkhole in the vicinity of the vehicle from which she had alighted, but not while she was in the process of stepping from the vehicle — was not related to the vehicle but caused by a condition on the adjoining land. JURISDICTION 24-2-9349 I/M/O the Application for a Search Warrant Authorizing the Search of Premises, etc., App. Div. (14 pp.) The Law Division judge did not err when he issued the warrant allowing the New Jersey Attorney General�s office to search a company’s New Jersey premises for evidence pertaining to the company’s alleged violation of a New York statute governing ticket sales. LABOR/EMPLOYMENT — F.E.L.A. — LIMITATIONS 25-2-9350 Nicholas A. Berlen v. Consol. Rail Corp., etc., App. Div. (18 pp.) The Law Division judge erred in concluding as a matter of law that plaintiff�s FELA claims for job- related hearing loss were time-barred since a reasonable fact finder could believe that, although plaintiff had experienced difficulty hearing and had periodic ear-ringing as early as 1986, the medical diagnoses of his ear problems fluctuated over the years, preventing plaintiff from possessing sufficient critical facts to be aware of his injury and its cause. [Approved for publication Jun. 25, 1996.] LANDLORD/TENANT — LEAD POISONING 27-2-9351 Carmen Leticia Camey, etc. v. Peter Adones, et al., App. Div. (15 pp.) Evidence was sufficient for jury to find that plaintiff�s daughter was exposed to lead-based paint chips, flakes and dust while living in an apartment rented to plaintiff and his family by defendants, and that the exposure caused the daughter substantial injuries and damages, which were caused by the defendants� negligence. NEGLIGENCE — COMPARATIVE NEGLIGENCE — SECOND COLLISION 31-2-9352 Joseph Schwarze v. Catherine Mulrooney, App. Div. (13 pp.) While plaintiff�s antecedent negligent conduct — of failing to secure a generator in the rear of his truck — did not contribute to the cause of the accident with defendant, but perhaps enhanced the severity of the injuries he sustained, the trial judge did not err in refusing to submit the issue of comparative negligence to the jury, since the defendant failed to present evidence sufficient to enable the jury to apportion damages. [Approved for publication Jun. 25, 1996.] FEDERAL COURT CASES ENVIRONMENT — INSURANCE 17-8-9353 Chemical Leaman Tank Lines, Inc. v. Aetna Casualty & Surety Co., et al., Third Cir. (98 pp. — includes dissent) Since the Supreme Court�s decision in Morton Int’l Inc. v. Gen. Accident Ins. Co., 114 S.Ct. 2764 (1994), requires an inquiry into the insured�s subjective intent to cause environmental harm unless �exceptional circumstances� support a presumption of the insured�s subjective intent, the district court�s instructions to the jury regarding whether the plaintiff �expected or intended� to cause environmental damage were proper. LABOR AND EMPLOYMENT 25-7-9354 John L. Carr v. Williams Telecommunications Sys., et al., U.S. Dist. Ct. (11 pp.) Plaintiff�s motion to join his successor as a defendant in his retaliatory termination case is granted, since the amendment would not prejudice defendants in this early stage of litigation, even though diversity jurisdiction will be destroyed by the joinder, and remand is required, but plaintiff would be prejudiced under the tenets of the entire controversy doctrine if he were not permitted to join his successor. 25-8-9355 Evelyn Delli Santi v. CNA Ins. Cos., et al., Third Cir. (53 pp. — includes concurring and dissenting opinion) The district court erred in granting judgment to the employer as a matter of law after the jury had rejected the nondiscriminatory reason proffered by the defense for plaintiff�s termination, and also erred in conditionally granting a new liability trial, however, the grant of a new damages trial is affirmed unless plaintiff agrees to accept a remittitur. 25-7-9356 Aristedes Martinez v. Nat’l Broadcasting Co., et al., U.S. Dist. Ct. (12 pp.) Although defendant is correct in arguing that New Jersey law does not apply to plaintiff�s failure-to-hire claim, since all of the pertinent activity occurred in New York, defendant�s summary judgment motion is denied, because the claim still may have merit under the applicable New York law, which is not before the court at this time. REAL ESTATE — RECEIVERSHIP — MUNICIPAL LIENS 34-7-9357 Old Bridge Owners Coop. Corp., etc., et al. v. Twp. Of Old Bridge, et al., U.S. Dist. Ct. (10 pp.) (1) Current owner of land — under purchase agreement with the FDIC — is responsible for the satisfaction of liens for water and sewerage charges owed to utilities authority which attached prior to the federal receivership, and an order directing such payment will be entered. (2) Owner�s motion to compel discharge of tax sale certificate is denied, although the certificate is unenforceable as a lien on the property, and the certificate will be discharged when the encompassed delinquencies are paid. (3) FDIC�s motion for certification of prior court order imposing personal liability on the FDIC for the property taxes and water and sewer charges that accrued on the property during the receivership is denied. RE: Product-Liability: Medical Devices The United States Supreme Court ruled yesterday, in Medtronic v. Lohr, that state suits are permitted in medical device cases whereby injured consumers cam seek damages despite the fact that the devices may comply with federal regulations. The above opinion is available in Soft Solutions as document # 620347 (ME5B). A Daily Reporter of New Jersey Court Decisions

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