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| Mercer Mut. Ins. Co. v. Proudman, DOCKET NO. A-1287-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 22, 2007, Decided
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Overview: The dismissal of a third-party products liability complaint premised on a cigarette left burning and causing a fire was upheld on appeal as the absolute defense under the New Jersey Products Liability Act, N.J.S.A. § 2A:58C-3(a)(2), barred the action because a self-extinguishing cigarette only reduced and did not eliminate the danger of fire.
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| Sternesky v. Salcie-Sternesky, DOCKET NO. A-5932-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 22, 2007, Decided
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Overview: In a divorce action, a mother was entitled to a portion of a father's Police and Fire Retirement System disability pension, pursuant to N.J.S.A. § 43:16A-5, after segregating the marital and individual components of the disability pension then using a fraction that recognized the years of service in the marriage compared to the ordinary retirement.
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| In re Rogiers, DOCKET NO. A-0651-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 23, 2007, Decided
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Overview: In a suit wherein the parents of a deceased child disputed the disposition of the child's remaining trust fund monies, the father qualified as a parent to take under the child's estate under the New Jersey intestacy laws, pursuant to N.J.S.A. § 3B:5-4(b), regardless of the fact that he did not support the child during her lifetime.
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| In re Serrano, D-137 September Term 2006,
SUPREME COURT OF NEW JERSEY, October 24, 2007, Filed
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| Livsey v. Mercury Ins. Group, DOCKET NO. A-1238-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 24, 2007, Decided
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Overview: Summary judgment in favor of an insurer was reversed on appeal in a case wherein the insured filed suit for uninsured motorist (UM) benefits after being shot while entering her vehicle parked on a street as UM benefits, pursuant to N.J.S.A. § 17:28-1.1, were held to be available to an insured in a random, drive-by shooting situation.
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| State v. Dixon, DOCKET NO. A-2419-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 24, 2007, Decided
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Overview: A trial court committed plain error during defendant's trial by erroneously defining the term "handicap" for the jury for purposes of the bias intimidation statute, N.J.S.A. § 2C:16-1, as the term required reference to the Law Against Discrimination, N.J.S.A. § 10:5-5(q), rather than by using a dictionary definition of the term.
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| Rock Work, Inc. v. Pulaski Constr. Co., DOCKET NO. A-0381-06T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 25, 2007, Decided
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Overview: The confirmation of an arbitration award in favor of a subcontractor was upheld as the Arbitration Act of 2003, N.J. Stat. Ann. §§ 2A:23B-1 to -32, did not apply to the case as the subcontractor's request for arbitration was made in February of 2003, and the Act provided that it applied to arbitration agreements made after January 1, 2005.
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| State v. Parks, A-39 September Term 2006,
SUPREME COURT OF NEW JERSEY, October 25, 2007, Decided
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Overview: The 2003 amendment to the Three Strikes Law, N.J.S.A. § 2C:43-7.1, applied to defendant's sentencing and he was entitled to re-sentencing because defendant committed only one predicate offense prior to the subject offense of armed robbery and, therefore, did not qualify for enhanced sentencing under the Three Strikes Law.
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