NJ Laws Email Newsletter E297 March 3, 2009 Kenneth Vercammen, Attorney at Law 1. Brendan Vercammen wins Region 5 wrestling championship and advances to All State Tournament in Atlantic City! He set a record with 16 pins this season, most in the first period. He was a finalist at the Greater Middlesex County Tournament. Home News articles: http://blogs.mycentraljersey.com/onthemat/2009/02/28/3403/ http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=2009901230368 Star Ledger http://www.nj.com/hssports/results/wrestling/index.ssf/2009/02/region_5_saturdays_fin al_round_1.html http://www.undergroundstrengthgym.com/
2. Recent cases 2. Non profit social club not liable for DWI injury after selfservice party Mazzacano v. Happy Hour Social and Athletic Club of Maple Shade, Inc. (A10207) 12209 The New Jersey Licensed Alcoholic Beverage Server Fair Liability Act permits a finding of liability when a licensed alcoholic beverage server allows a patron to become visibly intoxicated through the selfservice of alcohol at a party. However, the Act does not impose a separate duty to monitor alcohol ingestion or define negligence as the failure to monitor, and the Court declines to impose a monitoring duty that is not set forth in the Act. In this civil action arising from the deaths of party
attendees who were riding in a car driven by another attendee who became intoxicated at the party through the selfservice of alcohol, there was sufficient evidence in the record to support the jury’s verdict that the server did not negligently provide alcohol to the driver when he was visibly intoxicated. 3. No Plea Bargain of DWI on Appeal. State v. Rastogi ___ NJ Super. ___ (Law Div. Decided October 27, 2008) No. 1432023 The Law Division may not accept a plea bargain to resolve a de novo appeal on the record of a municipal court conviction of driving under the influence. 4. School Principal May Search Car on School Grounds if Reasonably Suspect Criminal Activity. State v. Best 403 NJ. Super. 428 (App. Div. 2008) A school principal may search a student's car parked on school grounds whenever, under the totality of the circumstances, the principal reasonably suspects that evidence of criminal activity will be found in the vehicle. In light of the strong State interest in maintaining order, safety and discipline in the school environment, neither probable cause nor a warrant is required. 5. Internal Affairs Investigation Can Be Released. Spinks v. Clinton 402 NJ Super. 454 (App. Div. 2008) Three former Township of Clinton police officers appealed from two orders granting summary judgment to defendants, The Township of Clinton and Stephen Clancy, the Police Chief of Clinton. Plaintiffs had pled guilty to falsifying documents concerning their police activities, were admitted into a pretrial intervention program, resigned their positions as police officers, and stipulated they would not work again in law enforcement in New Jersey. Following this, they sued defendants, alleging retaliation in violation of plaintiffs' civil rights pursuant to 42 U.S.C.A. § 1983, and unlawful termination based upon age in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:512. After reviewing plaintiffs' contention affirmed the orders.