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Vol. 4, No. 163 – August 22, 1996 STATE COURT CASES WRONGFUL DEATH 40-2-9901 Andrew Mulraney, etc. v. Auletto s Catering, et al., App. Div. (11 pp.) In a case wherein plaintiff, an invitee at a bridal fair held on defendant s premises, was killed when crossing a highway to retrieve her car, the trial judge erred in granting summary judgment to caterer and valet parking service, since a commercial establishment has a duty to undertake reasonable safeguards to provide safe passage across the highway to an area owned by a third party if it is aware that its patrons use that area for parking. [Approved for publication Aug. 22, 1996.] CRIMINAL LAW AND PROCEDURE 14-2-9902 State v. James Jackson, App. Div. (10 pp.) The trial court s ruling violated the requirements of State v. Brunson, 132 N.J. 377 (1993) regarding the “sanitization of defendant s prior convictions, and this imposed an undue constraint on defendant s right to testify in his own defense, calling for a reversal of his convictions. 14-2-9903 State v. Bienvenido Colon, App. Div. (4 pp.) Order directing the admission of defendant into the local PTI program — over the objection of the program director and prosecutor — is reversed, since the trial court erroneously substituted its own judgment as to whether defendant was a suitable candidate, which it was not free to do. 14-2-9904 State v. Mark Janiszewski, App. Div. (3 pp.) Defendant s conviction of leaving the scene of an accident is vacated, and a judgment of acquittal entered, since he was not the driver of the vehicle, a necessary element required to obtain a conviction. 14-2-9905 State v. City Construction Development, Inc. v. Frank Moscato, et al., App. Div. (16 pp.) (1) Analyzing the timeliness of this case for unpaid “tipping fees and solid waste taxes under the doctrine of “nullum tempus” and N.J.S.A. 2A:14-1.2, the trial court correctly denied construction company’s motion to dismiss the case as untimely, however (2) the matter must be remanded for a reexamination of the liability and participation of the individual defendants and a determination of whether the corporate veil should be pierced. A Daily Reporter of New Jersey Court Decisions NEXT WEEK IN THE … A Connecticut company has come up with a program to allow personal injury plaintiffs’ lawyers to pool their advertising money, form a cooperative and run a television ad that passes muster with the state Supreme Court’s tough rules on advertising. See page 1 of the Aug. 26 Law Journal.

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