Where a driver was stopped by a police officer for running a stop sign, the officer determined that she had been drinking and informed her that only the breath test was available, though a blood test was actually available at ...
Read More »Criminal – DUI – Driver Told Blood Test Unavailable – Breath Test – Reversal
Criminal – Robbery – Prior Conviction – No Sentence Yet – Introduction Of Conviction – Waiver 
Where defendant had been convicted but not sentenced in a prior trial and the prior conviction was admitted into evidence at a later trial for impeachment purposes only after the defendant himself introduced the prior conviction, defendant waived his right ...
Read More »Workers' Comp – Weekly Wage – W-2 Form – Profit-Sharing – Shareholder Monies 
The commission properly calculated claimant’s weekly wage in computing benefits by reviewing his W-2 Form and excluding monies received as a shareholder and his share of employer’s profits that were a return on investment, rather than earnings. The sole issue ...
Read More »Criminal – Fifth Amendment Right – Failure To Testify – Evidence Uncontradicted 
Although the prosecutor commented during defendant’s trial for PCP possession that the evidence was uncontradicted, this statement was not an impermissible comment on defendant’s refusal to testify in derogation of his Fifth Amendment right to remain silent. Conviction for drug ...
Read More »Workers' Comp – Arising Out Of – Back Injury – New Injury – Change In Condition 
Where claimant, a car salesman, suffered a lower back injury while in a kneeling position attempting to transfer license plates from one vehicle to another, when his pliers slipped, causing his body to pitch forward, this injury was caused by ...
Read More »Tort/Negligence – Fireman's Rule – Willful & Wanton Conduct 
Where plaintiff sheriff alleges that, while acting in his official capacity, he accompanied a woman to her home after an incidence of domestic violence and the sheriff was shot and injured by the woman’s husband, his tort claim is barred ...
Read More »Contract – Mechanic's Lien – Carpenter Subcontractor – Overburdening – Description Of Work 
Although the subcontractor/carpenter filed his memorandum of mechanic’s lien against both Lot 12, which contained the residence on which he worked, and Lot 12A, a noncontiguous lot which provided a drainfield and septic area for the residence, and the property ...
Read More »Real Property – Surplus After Tax Sale – Fractional Interests 
An owner of a partial interest in real estate that is sold to pay delinquent taxes is entitled to only a fractional share of any after-tax surplus equivalent to his ownership fraction, and any fractional share of the surplus not ...
Read More »Domestic Relations – Equitable Distribution – Adultery – No-Fault – Spousal Support 
Where wife was awarded a divorce on no-fault grounds and wife was blameless for the marital breach, while husband’s adultery generated the separation, the court awarded the following: 1) each party retained their respective IRAs and savings accounts, 2) wife ...
Read More »Labor & Employment – At-Will Employment – No Overtime Pay – Retaliatory Discharge – Federal Remedy Adequate 
Where defendant alleged that he was discharged in retaliation for reporting to the U.S. Dept. of Labor that employer was not paying overtime as required, defendants’ demurrer to plaintiff’s counts alleging a violation of federal statutory law are denied but ...
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