07-03-2525 McInroy v. Vill. Supermarket, Inc., N.J. Super. Law Div.-Atlantic Cty. Â (10 pp.) (Savio, J.S.C.) This opinion addresses whether a plaintiff who does not appear for a properly scheduled Independent Medical Examination may be compelled to reimburse defense counsel for a missed appointment fee incurred as a result of plaintiff’s failure to cancel or reschedule the IME appointment in a timely fashion. Typically, plaintiff’s counsel is informed if a particular doctor utilizes such missed appointment fees, and if so, how much that doctor charges for the fee. As defendant had no control over whether plaintiff appeared for her IME, the court deems the reimbursement of the IME fee a just and reasonable discovery sanction to make the nondelinquent party whole. (Approved for Publication)
20-2- 2546 Ricci v. Ricci, N.J. Super. App. Div. (Lihotz, P.J.A.D.) (43 pp.) We reversed Family Part orders requiring divorced parents to pay college tuition costs to their estranged daughter. The child left her mother’s home and the parents agreed she was emancipated. Thereafter, the child sought to intervene in the matrimonial action, and the judge concluded the child was “unemancipated” for purpose of college costs, without review of the divergent facts in support of and in opposition to emancipation. He ordered payment of “de minimus” community college costs; a different judge extended this obligation, after a summary proceeding. Whether a child is unemancipated is a threshold legal determination to a parent’s obligation to pay college costs. The required parent-child relationship is one of interdependence: the child’s right to support and the parents’ obligation to provide payment are inextricably linked to the child’s acceptance and the parents’ measured exercise of guidance and influence. A finding of emancipation recognizes a child’s independence from a parental influence and eliminates the obligation for support. (Approved for Publication)
