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Vol. 4 No. 101 – May 28, 1996 STATE COURT CASES FAMILY LAW — DOMESTIC VIOLENCE 20-2-9035 L.A. v. R.F. Jr., App. Div. (4 pp.) Final restraining order entered against defendant must be vacated, since there was no proof that defendant, in the midst of a visitation dispute on the telephone with his estranged wife, intended to harass her with his comment that he would take the child (on the proposed visitation) whether she liked it or not. INSURANCE — VERBAL THRESHOLD 23-2-9036 Bertha Williams, etc. v. William F. Doron Jr., et al., App. Div. (9 pp.) Although judge properly concluded that infant plaintiff presented objective evidence of serious injury, and that she failed to prove a type nine injury simply because she was unable to participate in gym class for five months while her other academic studies were unaffected, the judge erred in finding that the plaintiff failed to present sufficient evidence to show a serious impact on her daily life as a result of her injury such that her case would satisfy other categories under the statute, and summary judgment for the defense is reversed. NEGLIGENCE — SIDEWALKS 31-2-9037 David Arocho v. Miguel Jimenez, et al. v. City of Perth Amboy, et al., App. Div. (6 pp.) In a case where plaintiff sues for injuries he received when he fell on a slate sidewalk in front of property owned by defendants, the Law Division judge correctly granted summary judgment to the defendants since there was nothing in the record to establish that the property was anything but residential, and the defendants had done nothing to change the sidewalk’s condition. WORKERS COMPENSATION 39-2-9038 Christina Ciccolello v. Pathmark/Supermarkets Gen., App. Div. (5 pp.) There was sufficient credible evidence in the record to support a compensation judge’s decision denying petitioner s application for temporary disability and medical benefits, given the judge s ability to assess the witnesses’ credibility, and given his observations of the petitioner over the course of the trial. FEDERAL COURT CASES LABOR/EMPLOYMENT — RETALIATION 25-7-9039 Christine Leitzman v. Borough of Kinnelon, et al., U.S. Dist. Ct. (23 pp.) There are sufficient facts in the record to raise an issue (1) as to whether plaintiff was discharged from her municipal position because of her political activity in the campaign of the incumbent mayor s opponent and (2) as to whether plaintiff has a claim under the Conscientious Employee Protection Act, and therefore defendants motion to dismiss these counts is denied, however, dismissal is granted as to those counts alleging wrongful breach of an express or implied employment contract under the employee handbook.

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