Harleysville Insurance Companies v. Garitta

785 A.2d 913, 170 N.J. 223, 2001 N.J. LEXIS 1494
CourtSupreme Court of New Jersey
DecidedDecember 17, 2001
StatusPublished
Cited by24 cases

This text of 785 A.2d 913 (Harleysville Insurance Companies v. Garitta) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harleysville Insurance Companies v. Garitta, 785 A.2d 913, 170 N.J. 223, 2001 N.J. LEXIS 1494 (N.J. 2001).

Opinions

The opinion of the Court was delivered by

VERNIERO, J.

This is a declaratory judgment action. Plaintiff insurer seeks a declaration that the homeowner’s policy purchased by the insured does not provide liability coverage for certain conduct of the insured’s son, also an insured person under the policy. Specifically, the son stabbed a third party during an altercation on the insured premises, and the victim died. The trial court granted summary judgment in favor of the insurer, concluding that the son’s actions fell within the policy’s provision excluding coverage for “ ‘bodily injury’ ... [w]hich is expected or intended by the ‘insured’!.]” The Appellate Division disagreed. The panel concluded that the circumstances of the stabbing, together with the son’s intent or expectation in wielding the knife that killed the [226]*226victim, are sufficiently unclear that a trial is warranted. We agree with the trial court and reverse.

I.

We consider the facts in a light most favorable to the non-moving parties. Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540, 666 A.2d 146 (1995). On September 15, 1996, David Garitta and five of his friends were socializing at David’s father’s house in Greentown, Pennsylvania. Joseph Licata was among those gathered with David. At approximately 1:15 a.m., Albert Sabatelli arrived at the house unexpectedly. David and Albert had been friends, and Albert’s mother, Mildred Rafferty, was the girlfriend of David’s father. David, however, did not approve of his father’s relationship with Rafferty. To express that disapproval in the preceding week, David had taken Rafferty’s clothing and some personal effects from his father’s house and had placed them in a bag on the porch. When Rafferty arrived the day after David had removed her belongings, he refused to let her enter the house.

Unbeknownst to David, his actions in respect of Albert’s mother had infuriated Albert, who came to the Garitta house to confront him. According to David, Albert immediately began assaulting him. Albert pushed David, then grabbed his arm and took him into one of the bedrooms. David stated that Albert “was throwing me pretty hard against the wall.” During the assault Albert cried out to David, ‘You’re not respecting my mother, you owe her an apology.” According to David’s version of events, he did not want a physical confrontation and informed Albert that he did not want to fight.

The fight eventually spilled over into another room and Albert placed David in a choke hold. Albert then cocked his fist to punch David. When asked if he had been frightened by those actions, David testified that he was “terrified.” At that juncture two of David’s friends interceded, telling David and Albert that they should take their fight “outside.” Albert responded, “Come on I’ll take you outside, I’ll fight you outside ... let’s finish this outside.” [227]*227David also quoted Albert as saying, “Remember, no cops no matter how bad I hurt you.” Albert stated, “Okay, I’m going outside,” and then he proceeded outside to the deck.

David testified that he believed that he had no choice but to go outside and confront Albert. He then went to his bedroom to put on his sneakers. When asked what he was planning to do next, David responded, “Going outside to get beat up. Maybe try to talk him out of it. Just, I didn’t want to fight. I was thinking I didn’t know why I was fighting in the first place.”

David also explained that his intention was to “[j]ust go [ ] outside ... [because] [i]f I didn’t go outside he would’ve [come] back inside.” David testified that he did not try to lock the door after Albert went outside because the door to the deck was glass. He feared that Albert would try to break the glass door if he attempted to lock him out. David also expressed his view that Albert was the bigger and stronger of the two men.

Albert stood outside the house, allegedly shouting vulgarities at David. As David walked toward the end of the hallway, Joseph Licata handed him a knife that Licata had removed from the kitchen. We note, however, that in one of his early statements to the authorities, as reflected in the police reports prepared after the incident, David indicated that “he put on his sneakers and was walking out when he saw the Met knife on the breakfast table.” He told the police that he “picked up the knife[,] took it out of its sheath[,] and then walked out the door.” He later clarified those comments by indicating that he “was given the knife by [Licata]” and that Licata “told him [what] to do with [the] knife.” For purposes of this appeal, we accept David’s assertion that Licata handed him the knife.

After giving him the knife, Licata purportedly stated to David, “[D]o what you gotta do.... Cut him like we do in New Jersey.” David then put the knife in the back of his pants and went onto the deck. According to David, Albert was waiting for him and came towards him. David also testified, “I just got really seared and I took the knife behind my back and I stabbed him.”

[228]*228David stabbed Albert twice, puncturing his heart and stomach. He acknowledged that Albert was unarmed. The record indicates that Albert had removed his shirt prior to moving onto the deck. Albert’s bare chest and stomach presumably enhanced the ability of the knife to puncture the victim’s flesh, thus intensifying his injuries. David also acknowledged that he did not ask Albert to leave the property, nor did he tell Albert that he had a knife or warn him that he would cut him if Albert approached.

David stated that Albert “didn’t give me a chance, he just came right at me,” and that the victim’s hands were “clenched.” David indicated that he was more terrified at that juncture than he had been earlier. When asked whether he went onto the deck with the intention of killing the victim, David responded, “No.” He testified that rather than wanting to hurt or stab Albert, he had hoped to persuade him to' leave the premises. David repeated several times that he was “really scared” and “terrified.”

David further indicated that he was not aiming to stab Albert in “a vital part of his body,” and that the two thrusts were close in time, “[o]ne right after the other, like really fast[.]” He indicated that he knew he had cut Albert but did not know that he had inflicted a knife wound to the victim’s heart. David purportedly told Albert to go to the hospital. David then walked back into the house, washed the knife, and put it back in the kitchen. David claimed that only then, when one of his friends screamed, did he notice that Albert had collapsed and was injured seriously. David testified that he attempted to administer CPR to Albert and said to him, “I didn’t mean for this to happen.” A short time later, Albert was pronounced dead at the scene.

As a result of the altercation, Pennsylvania law enforcement authorities charged David with criminal homicide. Under the statutes in that jurisdiction, “[a] person is guilty of criminal homicide if he intentionally, knowingly, recklessly or negligently causes the death of another human being.” 18 Pa. Cons. Stat. Ann. § 2501(a) (1998). Criminal homicide, in turn, is classified as “murder, voluntary manslaughter, or involuntary manslaughter.” [229]*229Id. at § 2501(b).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dionicio Rodriguez v. Shelbourne Spring, LLC
Supreme Court of New Jersey, 2024
Hammer v. Thomas
1 A.3d 784 (New Jersey Superior Court App Division, 2010)
Terra Nova Insurance v. Fray-Witzer
449 Mass. 406 (Massachusetts Supreme Judicial Court, 2007)
Terra Nova Insurance v. Metropolitan Antiques, LLC
20 Mass. L. Rptr. 430 (Massachusetts Superior Court, 2006)
New Jersey Manufacturers Insurance v. Delta Plastics Corp.
883 A.2d 399 (New Jersey Superior Court App Division, 2005)
NJ Mfrs. Ins. Co. v. DELTA PLASTICS
883 A.2d 399 (New Jersey Superior Court App Division, 2005)
Cumberland Mutual Fire Insurance v. Murphy
873 A.2d 534 (Supreme Court of New Jersey, 2005)
McClellan v. Feit
870 A.2d 644 (New Jersey Superior Court App Division, 2005)
Houbigant, Inc. v. Federal Insurance
374 F.3d 192 (Third Circuit, 2004)
Priest v. Roncone
851 A.2d 751 (New Jersey Superior Court App Division, 2004)
Benjamin Moore & Co. v. Aetna Casualty & Surety Co.
843 A.2d 1094 (Supreme Court of New Jersey, 2004)
Hampton Med. Group v. PRINCETON INS.
840 A.2d 915 (New Jersey Superior Court App Division, 2004)
Jaquez v. National Continental Insurance
835 A.2d 309 (Supreme Court of New Jersey, 2003)
Fs v. Ld
827 A.2d 335 (New Jersey Superior Court App Division, 2003)
Prudential Property & Cas. Ins. Co. v. Brenner
795 A.2d 286 (New Jersey Superior Court App Division, 2002)
Aquino v. State Farm Ins. Co.
793 A.2d 824 (New Jersey Superior Court App Division, 2002)
Harleysville Insurance Companies v. Garitta
785 A.2d 913 (Supreme Court of New Jersey, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
785 A.2d 913, 170 N.J. 223, 2001 N.J. LEXIS 1494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harleysville-insurance-companies-v-garitta-nj-2001.