Jackson v. Farrion

619 A.2d 268, 261 N.J. Super. 481, 1992 N.J. Super. LEXIS 458
CourtNew Jersey Superior Court Appellate Division
DecidedAugust 7, 1992
StatusPublished
Cited by2 cases

This text of 619 A.2d 268 (Jackson v. Farrion) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Farrion, 619 A.2d 268, 261 N.J. Super. 481, 1992 N.J. Super. LEXIS 458 (N.J. Ct. App. 1992).

Opinion

MARGULIES, J.S.C.

No New Jersey court has decided whether the New Jersey Automobile Full Insurance Underwriting Association (N.J.A.F.I.U.A.) or the Unsatisfied Claim and Judgment Fund (U.C.J.F.) is primarily liable for Personal Injury Protection (PIP) coverage for a pedestrian injured by a stolen car. The matter is before the court on cross-motion for summary judgment by plaintiff and N.J.A.F.I.U.A.

Absent compelling cause, this court will adhere to precedent set by a coordinate branch of the judicial system even though it may not be binding or obligatory authority. In a society which is highly litigious and engulfed with reported cases, a strong argument can be made for judicial consistency. New Jersey Mfgrs. Ins. v. Griffin, 253 N.J.Super. 173, 601 A.2d 261 (Law Div.1991) controls the issue of whether the PIP carrier of the owner of the car applies when the car is stolen. Though this court may have reservations, there is sufficient logic in that opinion to outweigh the confusion which would follow if a coordinate court reached a different result.

[483]*483The rationale which the court is using to determine the issue of primacy is essentially the verbatim adoption of the argument submitted by U.C.J.F.

Plaintiff sustained serious injuries on March 14,1991, while a pedestrian crossing Stegman Street in Jersey City, New Jersey. He alleges that he was struck by a 1982 Buick owned by defendant Lorraine Farrion. The operator of the vehicle is unknown. Ms. Farrion contends that her vehicle was stolen and it is inferred that the thief was driving the motor vehicle at the time the accident occurred. These defendants do not have facts to dispute that contention.

N.J.A.F.I.U.A. argues that it should not be obligated to provide personal injury protection to the injured plaintiff because of the theft of the vehicle and the fact that it was being operated without the owner’s permission relying, in great part, upon the holding of Morgan v. Prudential Ins. Co. of America, 242 N.J.Super. 638, 577 A.2d 1300 (App.Div.1990), although the fact pattern, reasoning and spirit of the holding in that case are significantly different from the matter at bar.

Morgan, supra, involved a claim for PIP (death) benefits pursuant to N.J.S.A. 39:6A-4 (the statute). Decedent was shot to death by her husband at 2:00 o’clock in the morning while she was seated in her double-parked car. Her husband was charged with murder, but was convicted of manslaughter. The court considered the shooting as an “accident” under the statute. Plaintiff argued that the “injured” person was occupying the automobile, so she was not disqualified by virtue of the amendatory language of the statute (from a broader definition of “bodily injury as a result of an accident involving a motor vehicle” to the more restrictive definition “bodily injury as a result of an accident while occupying, entering into, alighting from, or using an automobile”). The court concluded that:

“There was no legal nexus between the shooting and the kind of risk covered under the automobile policy....” (Morgan, supra, p. 641, 577 A.2d 1300)

[484]*484Quoting from Uzcatequi-Gaymon v. New Jersey Manufacturers Ins. Co., 193 N.J.Super. 71, 472 A.2d 163 (App.Div.1984) the court said:

“For the purpose of this appeal we assume that plaintiff can prove that the car was parked next to the phone booth, that decedent had the car keys in his hand, that he was talking to his girlfriend over the telephone, that his automobile was very important to him, and that he was shot and killed by persons attempting to rob him of his car keys and his automobile. Nevertheless, in our view, while theft of the automobile may have been the ultimate object of the attack, from a legal viewpoint the automobile was not the cause of the decedent’s injuries and death. Rather, the cause of his injuries and death was the act of robbery committed by his assailants. That the automobile was the object of the robbery was merely an attending circumstance and did not transform this incident into ‘an accident involving an automobile’ within the meaning of the [statute]. [Id. at 73, 472 A.2d 163].” Morgan, supra, 242 N.J.Super. p. 641, 577 A.2d 1300 (emphasis ours)

The court went on to acknowledge that the decedent’s presence in her automobile provided the “setting (Morgan, p. 642, 577 A.2d 1300) for the killing and in some sense may have given the decedent’s husband an enhanced opportunity to kill her.

“But an automobile must have something more to do with the ‘accident’ if it is to be a legal cause." See, Foss v. Cignarella, 196 N.J.Super. 378, 482 A.2d 954 (Law Div.1984). (emphasis ours)

The concept dealt with in Morgan is legal cause. The legal cause of decedent’s injury and death in both Morgan and Uzcatequi was not the automobile, which merely provided the setting for the incident. There was “no legal nexus” between the automobile and the “injury”. It is the absence of that necessary relationship which precluded the recovery of PIP benefits in both those cases.

Not so in the instant matter. There is no question but that the stolen vehicle by virtue of its striking the plaintiff, was the legal cause of plaintiff’s injuries. Consequently, plaintiff’s reliance upon Morgan and cases of like circumstance, is inappropriate. Unfortunately, movant chose to rely upon the concluding sentence of the Morgan opinion, which is essentially dicta and which adds nothing to the court’s analysis of legal causation. It is not germane to the Morgan opinion to compare PIP coverage with liability coverage, because there was no [485]*485issue of liability coverage in the case. The only claim made was for PIP death benefits.

Accordingly, N.J.A.F.I.U.A.’s attempt to latch on to the extraneous language in Morgan and by so doing to equate lack of legal causation on the one hand, with lack of liability coverage on the other, is unwarranted. There is simply no authority for movant’s assertion that because the insurance carrier for the stolen vehicle was not obliged to provide liability insurance coverage for the unauthorized driver of the stolen car, it, therefore, has no obligation to provide PIP benefits to a pedestrian injured by that same vehicle. Morgan is not authority for that proposition.

The fact of an unknown driver in the instant matter does not distinguish this case from Griffin where the operator of the stolen vehicle was identified.

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Related

Campbell v. New Jersey Auto. Ins.
637 A.2d 226 (New Jersey Superior Court App Division, 1994)
Jackson v. Farrion
619 A.2d 232 (New Jersey Superior Court App Division, 1992)

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Bluebook (online)
619 A.2d 268, 261 N.J. Super. 481, 1992 N.J. Super. LEXIS 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-farrion-njsuperctappdiv-1992.