Search Results
| Case name | Citation | Summary |
| [New Jersey] STATE V. JOHN MARTINI, SR. | 1994/12/21 | Docket No: SYLLABUS Martinis sentence, considering both the defendant and the crime, does not disclose any disproportionality when compared to the sentences in factually-similar cases. The Court therefore affirms Martinis death sentence. |
| [New Jersey] NEW JERSEY COALITION AGAINST WAR IN THE MIDDLE EAST V. J.M.B. REALTY CORPORATION | 1994/12/20 | Docket No: SYLLABUS The right of free speech embodied in our State Constitution requires that regional shopping centers must permit the distribution of leaflets on societal issues, subject to reasonable conditions set by the centers. |
| [New Jersey] STATE V. CHARLES H. WILLIAMSON | 1994/12/19 | Docket No: SYLLABUS A traffic stop pursuant to N.J.S.A. 39:4-126 does not require proof that a defendants failure to signal a lane change actually affected other traffic. Rather, the motor-vehicle violation that justifies the stop requires proof that the officer making the stop had a reasonable and articulable suspicion that the defendants failure to signal may have affected other traffic. |
| [New Jersey] LINDSTROM V. THE HANOVER INSURANCE COMPANY | 1994/12/19 | Docket No: SYLLABUS The random drive-by shooting that caused Kurt Lindstroms gun shot injuries was clearly an accident within the contemplation of N.J.S.A. 39:6A-4 of the New Jersey Reparation Reform Act. Therefore, Kurt Lindstrom is entitled to PIP benefits under his fathers insurance policy. |
| [New Jersey] COVENTRY SQUARE, INC. V. WESTWOOD ZONING BOARD OF ADJUSTMENT | 1994/12/15 | Docket No: SYLLABUS The proof of special reasons that must be adduced by an applicant for a d variance from one or more conditions imposed by ordinance in respect of the conditional use shall be proof sufficient to satisfy the board of adjustment that the site proposed for the conditional use, in the context of the applicants full site plan, continues to be an appropriate site for the use despite the deviations from one or more conditions imposed by the ordinance. |
| [New Jersey] KISS V. JACOB | 1994/12/14 | Docket No: 2708 The term benefits as used in the collateral-source statute, N.J.S.A. 2A:15-97, does not include the proceeds of a plaintiffs settlement with a defendant that is later found not to be liable for the plaintiffs injuries. |
| [New Jersey] INGERSOLL V. AETNA CASUALTY AND SURETY COMPANY | 1994/12/13 | Docket No: SYLLABUS Extended-medical-expense-benefits coverage is not included in the anti-stacking provision of The New Jersey Automobile Reparation Reform Act. Therefore, Brian Lihou is not foreclosed from recovering extended-medical-expense-benefits under two policies when the stacking would not result in double recovery of medical expenses. |
| [New Jersey] MEADOWBROOK CARTING COMPANY, INC. V. BOROUGH OF ISLAND HEIGHTS | 1994/12/07 | Docket No: SYLLABUS The failure of Consolidated Waste Services, Inc. to include a consent of surety with its bid proposal is a material defect that can be neither waived nor cured. Therefore, the contract entered into between Consolidated and the Borough of Island Heights is void. Under the circumstances, however, all bids are to be rejected and the contract readvertised. |
| [New Jersey] RUMBAUSKAS V. CANTOR | 1994/11/30 | Docket No: SYLLABUS An action for intrusion on seclusion that is based on conduct such as the stalking or threats of violence presented in this case constitutes a claim for injury to the person and is governed by the two-year statute of limitations set forth in N.J.S.A. 2A:14-2. |
| [New Jersey] UNSATISFIED CLAIM & JUDGMENT FUND BOARD V. NEW JERSEY MANUFACTURERS INSURANCE COMPANY | 1994/11/23 | Docket No: SYLLABUS The Unsatisfied Claim & Judgment Fund does not have the right of reimbursement or subrogation from a third-party tortfeasor of personal-injury-protection benefits paid to passengers in an uninsured automobile that collided with an insured vehicle. |
| [New Jersey] IMO Judge Philip A. Fenster, A Judge of the Paterson Municipal Court | 1994/11/18 | Docket No: SUPREMECOURTSYLLABUS By knowingly and aggressively turning over quasi-criminal proceedings in open court to the mayor, Judge Philip A. Fenster permitted the political independence of his court to be destroyed. A six-month suspension from the bench is warranted. |
| [New Jersey] MOLNAR V. HEDDEN | 1994/11/17 | Docket No: SYLLABUS The statute of limitations precluded Heddens personal-injury counterclaim filed after the two-year limitations period had expired. |
| [New Jersey] NOVIS V. ROSENBLUTH TRAVEL | 1994/11/16 | Docket No: SYLLABUS The Workers Compensation judge correctly applied Livingstone v. Abraham & Straus, Inc. in concluding that Noviss employment had not begun when she fell on the sidewalk leading to the building entrance. |
| [New Jersey] BECKER V. BARON BROTHERS | 1994/11/15 | Docket No: SYLLABUS The Appellate Division erred in affirming the trial courts charge to the jury that all asbestos-containing products without warnings are defective as a matter of law; the jury was not given the opportunity to determine whether the asbestos product was dangerous, thereby rendering premature and unfounded the courts application of the risk-utility analysis and its conclusion that without a warning the asbestos product was defective as a matter of law. |
| [New Jersey] SIKES V. TOWNSHIP OF ROCKAWAY | 1994/10/27 | Docket No: SYLLABUS Judgment of the Appellate Division is affirmed substantially for the reasons expressed in Judge Skillmans written opinion below. The collateral source payments should have been deducted from the jurys damage award in this Tort Claims Act action before the verdict was reduced to reflect the claimants contributory negligence. |
| [New Jersey] STATE V. JAMES BAKER | 1994/10/27 | Docket No: SYLLABUS Judgment of the Appellate Division is AFFIRMED substantially for the reasons expressed by Judge Skillman in his written opinion below. Resentencing Baker to a greater term on remand did not violate the double jeopardy clauses and due process guarantees of the Federal and State constitutions. Moreover, the fact that Bakers sentence was longer than codefendants sentence did not consitute a denial of the equal protection guarantees of the Federal and State constitutions. Lastly, codefendants testimony against Baker under a plea bargain that involved an illegal sentence did not deny Baker due process of law. |
| [New Jersey] CIVALIER V. THE ESTATE OF MARGARET J. TRANCUCCI | 1994/10/20 | Docket No: SYLLABUS Under N.J.S.A. 59:4-4 of the Tort Claims Act, a public entity is liable for its failure to replace a traffic sign only when the motorists reliance on the previous presence of the sign caused the claimants injuries. |
| [New Jersey] WASTE MANAGEMENT, INC., ET AL. V. THE ADMIRAL INSURANCE COMPANY, ET AL. | 1994/10/13 | Docket No: SYLLABUS In the absence of a forum-related event, a territory of coverage clause alone does not create a sufficient basis on which to rest jurisdiction in New Jersey. Moreover, New Jerseys interest nexus in resolving massive environmental insurance-coverage cases cannot serve as an independent basis for the assertion of personal jurisdiction. |
| [New Jersey] DESILETS V. CLEARVIEW REGIONAL BOARD OF EDUCATION | 1994/09/22 | Docket No: X) The judgment of the Appellate Division is affirmed, substantially for the reasons expressed in the majority opinion below. The Court also determines that the school, as a non-public forum, failed to prove that it had established a policy related to legitimate pedagogical concerns. |
| [New Jersey] COX V. SEARS ROEBUCK & COMPANY | 1994/09/15 | Docket No: SYLLABUS Sears Roebuck & Companys conduct constituted an unlawful practice under the Consumer Fraud Act and William Cox suffered an ascertainable loss caused by Sears violation of that Act. Therefore, Cox is entitled to recover treble damages, reasonable attorneys fees, filing fees and costs under the Act. |