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Sunday, January 25, 2009

NJ Laws Email Newsletter E293 January 21, 2009

NJ Laws Email Newsletter E293
Kenneth Vercammen, Attorney at Law

January 21, 2009

In This Issue
1. Recent cases: If Miranda not Honored, Statement Suppressed. State v. Burno-Taylor

2. No Privacy on Work Computer. State v. M.A.

3. Juveniles can be Included on
Prohibited List on Public Housing. In the Interest of X.B

4. Apparent Liability Rendered Hospital Liable for the Doctor's Negligence
Estate of Cordero v Christ Hospital

5. Video & Legal podcast now on YouTube.- The Kenneth Vercammen channel

Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Ken Vercammen,
1. Recent cases: If Miranda not Honored, Statement Suppressed. State v. Burno-Taylor 400 NJ Super. 581 (App. Div. 2008)

Because defendant's right to remain silent was not scrupulously honored, the trial court should have granted defendant's motion to suppress his statement.
2. No Privacy on Work Computer. State v. M.A. 402 NJ Super. 353 (App. Div. 2008)

Defendant stole over $650,000 from his employer. A warrantless search of two workplace computers, conducted pursuant to the employer's consent, revealed evidence confirming the theft. Defendant appeals from the denial of his motion to suppress evidence seized from the computers, contending that he had a right to privacy in the personal information he stored in the computers. The court concluded defendant had no reasonable expectation of privacy under the Fourth Amendment or the New Jersey Constitution in the contents of the computers, including the personal information.
3. Juveniles can be Included on Prohibited List on Public Housing. In the Interest of X.B. 402 NJ Super. 23 (App. Div. 2008)

X.B., a juvenile, was arrested for trespassing on public housing property, despite being notified that he was on a list prohibiting him from being on the housing complex property. Following his adjudication as a delinquent, he appealed, arguing his inclusion on the list was unconstitutional as applied to him.

The court affirmed the trial court's finding of delinquency and found no constitutional infirmity as applied to him. The court did, however, caution public entities who maintain such lists to consider adopting regulations regarding one's placement on and removal from the list and establishing a procedure whereby one can challenge placement on the list.
4. Apparent Liability Rendered Hospital Liable for the Doctor's Negligence
Estate of Cordero v Christ Hospital Appellate Division Docket A-1289-07T1
On appeal from a grant of summary judgment in favor of the defendant hospital, plaintiffs contend the evidence was adequate to permit a jury to find the hospital liable for an anesthesiologist's negligence under a theory of "apparent authority." There is apparent authority when "a hospital by its actions, has held out" a doctor as its agent and "a patient has accepted treatment from that physician in the reasonable belief that it is being rendered in behalf of the hospital." Basil v. Wolf, 193 N.J. 38, 67 (2007) (quoting and approving Arthur v. St. Peters Hosp., 169 N.J. Super. 575, 581 (Law. Div. 1979)).
Based on the absence of evidence that the hospital "actively held out" or "misled" the patient "into believing" that the anesthesiologist was its agent, or that patient was misled, the trial court dismissed plaintiffs' claim.
The court held that when a hospital provides a doctor for a patient and the totality of the circumstances created by the hospital's action and inaction would lead a patient to reasonably believe the doctor's care is rendered in behalf of the hospital, the hospital has held out that doctor as its agent. We also hold that when a hospital patient accepts a doctor's care under such circumstances, the patient's acceptance in the reasonable belief the doctor is rendering treatment in behalf of the hospital may be presumed unless rebutted.
5. Video & Legal podcast now on YouTube. The Kenneth Vercammen channel

We have added a weekly online podcast with a video/audio description of recent cases by the NJ Supreme Court and NJ Appellate Division. The Kenneth Vercammen channel on Youtube.com is:


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