05-2-5242 Porebski v. M.J. Paquet Inc. , App. Div. (per curiam) (18 pp.) This case arises out of a fatal 12-vehicle accident in which Pantaleo Cirilli was killed. Nine separate lawsuits were filed against various defendants, including defendant-respondents M.J. Paquet Inc. and Richard C. Pinto (Pinto), plaintiff-appellants Estate of Pantaleo Cirilli and Europa Mechanical Corp. (Cirilli), and defendant-respondent Sandra Carrion. The nine suits were consolidated. The motion judge granted Carrion’s motion for summary judgment and denied Pinto’s and Cirilli’s motions. A jury found Pinto 65 percent at fault and Cirilli 35 percent at fault. Cirilli appeals, arguing the motion judge improperly excluded the testimony of a witness. The appellate panel reverses and remands for a new trial, finding the witness’s statement raised a factual question as to whether the Carrion/Pinto collision caused Pinto to lose control of his vehicle, precipitating the Cirilli/Pinto collision. Thus, the motion judge erred in granting summary judgment to Carrion. [Decided Sept. 8, 2009.]
46-2-5243 Elray Outdoor Corporation v. Board of Adjustment of the City of Englewood , App. Div. (per curiam) (31 pp.) Plaintiff Elray Outdoor Corporation appeals the Law Division’s dismissal of its complaint, which challenged (1) the provisions of defendant Englewood’s zoning ordinance limiting the placement of billboards in Englewood solely to the office-industrial (OI) zone and then only as a conditional use; and (2) defendant board of adjustment’s denial of its application for a use variance for the construction of a billboard at 60 Cedar Lane in Englewood’s light industrial (LI) zone. The appellate panel reverses as to the constitutionality of the ordinance, holding that it unconstitutionally (1) prohibits billboards in the LI zone as a conditional use and (2) requires that they be 1,000 feet from residential uses. The panel affirms as to the merits of the board’s decision not to grant what would be a conditional-use variance. [Decided Sept. 8, 2009.]
