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Wednesday, November 19, 2008

NJ LAWS NEWSLETTER E287 - November 19, 2008

NJ Laws Email Newsletter E287
Kenneth Vercammen, Attorney at Law

November 19, 2008

In This Issue
1. Search of duffel bag in home must comply with NJ Constitution (State v. Johnson).

2. Worksite Shortcuts Resulting in Electrocutions Lead to $8 Million Settlement.

3. Slip on Melted, Refrozen Snow Settled for $2.15 Million.

4. Drunk Driving (State v. Thulin).

5. Community Events.

6. New articles on NJLaws.com.


1. Search of duffel bag in home must comply with NJ Constitution. State v. Johnson ___ NJ ___ (Decided February 26, 2008) A-81-06

Defendant has standing under state law to challenge the warrantless search of the duffel bag in the home in which he was present, and the fruits of the search are suppressed for failure to comply with the warrant requirements of Article I, Paragraph 7 of the New Jersey Constitution.

2. Worksite Shortcuts Resulting in Electrocutions Lead to $8 Million Settlement.

A construction site with inadequate control and safety procedures, mixed with a tree's collapse onto high-voltage lines, has led to a death, two severe injuries and an $8 million settlement in Essex County Superior Court. Plaintiffs allege that nearly everyone, from the property owner to the principal and sub-contractors to the power utility that maintained area vegetation, had failed to follow proper safety procedures in October 2001 when Nicolino Cifelli Sr. and his family owned landscaping company came to clear trees and other plants as part of the parking lot expansion at A&P corporate headquarters in Montvale. When a tree struck the power lines, Cifelli's son, Nicolino Jr., was electrocuted and killed, Cifelli and his co-worker Marco Cicchino were severely injured by the shock, and Cifelli's wife Lucille witnessed the death of her son and the crippling of her husband. The two suits, Cifelli v. Two Paragon Drive and Cicchino v. Roman Asphalt, were consolidated before Superior Court Judge Dennis F. Carey but were settled before trial through mediation with retired appellate Judge John E. Keefe Sr. Parties agreed to pay $6 million to the surviving Cifellis and $2 million to Cicchino.

Source NJ Lawyer Daily Briefing 11-7-08

3. Slip on Melted, Refrozen Snow Settled for $2.15 Million.

A cautionary settlement for the coming winter: A retail store and its snow removal contractor have agreed to pay a woman who fell on ice in their parking lot $2.15 million. She alleged that the two did not adequately monitor melting and re-freezing since the most recent removal. The subcontractor that performed the removal, Adamsville Construction, had evidently piled the snow into mounds on a traffic island in the lot; temperatures over the following week had remained above freezing until shortly before 43-year-old Deborah Peisel slipped and fell. The fall aggravated a prior spinal displacement or spondylolisthesis for which she had not required treatment for several years. Eventually Peisel underwent five surgeries, many for a bowel problem caused by her initial spinal surgery. She has sufficient lower back pain and gastric symptoms that have left her with restricted mobility, a limited diet and could reduce her work to part-time. Peisel v. Adamsville Construction et al. was to be tried before Middlesex County Superior Court Judge Mathias E. Rodriguez, but Adamsville was quickly dismissed from the suit, and the store and main contractor agreed to settle - for $1 million and $1.15 million respectively - on condition of anonymity.

Source NJ Lawyer Daily Briefing 11-13-08
4. Drunk Driving. State v. Thulin.(Appellate Division) A-1691-07T4, November 6, 2008. Not approved for publication (12 pages).

Conviction following a trial de novo for refusal to submit to a Breathalyzer test reversed; one of the six summonses issued to the defendant following a single-vehicle accident described the offense as "refusal to submit to blood" and cited the implied-consent statute, N.J.S.A. 39:4-50.2; however, no summons was issued for failure to submit to a Breathalyzer test; relying on the State Trooper's testimony that he had read the "New Jersey Motor Vehicle Commission Standard Statement for Operators of a Motor Vehicle" to the defendant as required by N.J.S.A. 39:4-50.2(e), the Law Division found the defendant guilty of violating N.J.S.A. 39:4-50.4a; however, the Appellate Division agreed with the defendant that his conviction had to be reversed because the failure to accurately state the charge against which he had to defend violated due process.

Source NJ Lawyer Daily Briefing 11-7-08
5. Community Events.

11/22 Manasquan Turkey Trot 5 mile Manasquan. 11am party at taverns after race.

11/24 NJ Bar Municipal Court Meeting.

11/28 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am.

11/30 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event with Race Director Dave Z. Free food and discount beer at Outback.

12/17 Raritan Valley Road Runners RVRR Pub Crawl, New Brunswick.

12/20 VRR Holiday Party.

12/22 NJ Bar Municipal Court Meeting.

6. New articles on website.


Tractor Trailer Accident
Semi-Truck Accident
Sports Accident
Sport Accident
Baseball Accident
Basketball Accident
Soccer Accident
Football Accident
Lacrosse Accident
Tennis Accident
Field Hockey Accident
Illegal Explosives and Weapons
Illegal Knives
Illegal Knife
Jitney Accidents

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