Karen K. Johnson v. Roselle Ez Quick, Llc(075044)

143 A.3d 254, 226 N.J. 370, 2016 N.J. LEXIS 712
CourtSupreme Court of New Jersey
DecidedJuly 27, 2016
DocketA-33-14
StatusPublished
Cited by107 cases

This text of 143 A.3d 254 (Karen K. Johnson v. Roselle Ez Quick, Llc(075044)) 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
Karen K. Johnson v. Roselle Ez Quick, Llc(075044), 143 A.3d 254, 226 N.J. 370, 2016 N.J. LEXIS 712 (N.J. 2016).

Opinions

Judge CUFF

(temporarily assigned) delivered the opinion of the Court.

In this appeal, we consider whether a 2011 amendment to N.J.S.A. 39:6A-9.1 should be applied retroactively. The amendment provides that a personal injury protection (PIP) insurance provider may be reimbursed for payments made to an injured insured party by the tortfeasor’s insurer only after the injured party’s claim is fully satisfied. The parties entered into a policy agreement, plaintiff drove while intoxicated and was injured in an automobile accident, and plaintiff filed a claim for PIP benefits prior to the enactment of the 2011 amendment.

Plaintiff also filed a civil action alleging negligence by the store that sold him alcohol. When that litigation settled, and pursuant to the pre-amendment law, plaintiffs PIP provider sought priority reimbursement from the tortfeasor’s insurer, even though doing so would prevent plaintiff from being fully compensated on the bodily injury claim. Plaintiff contends that this was improper because the legislative intent and purpose of the 2011 amendment, along with the expectations of the parties, justify retroactive application of the amendment to his case.

[376]*376The trial court concluded that the amendment was not retroactive and therefore granted in part the PIP provider’s motion for summary judgment.1 The Appellate Division affirmed over the dissent of one of its panel members. The dissenting judge concluded that the amendment was retroactive and, additionally, that the PIP provider’s claim did not accrue until the tortfeasor’s liability was established, after the 2011 amendment was enacted.

This appeal comes before us as of right, and we now affirm. In so doing, we conclude that plaintiff failed to rebut the presumption that the 2011 amendment to N.J.S.A. 39:6A-9.1, as a newly enacted law, is prospective. Specifically, the language and legislative history of the amendment provide no indication that the Legislature intended retroactive application. There is also insufficient evidence that the amendment was merely “curative,” because it altered well-settled law and was not enacted in response to a misapplication of that law. Similarly, given the established law at the time the agreement was entered into and when the injury occurred, we cannot conclude that the expectations of the parties warrant retroactivity.

We are also unpersuaded that PIP providers’ reimbursement claims do not accrue until such a claim is filed or the tortfeasor’s liability is established — in this case, through settlement. Such a position departs from settled practice that a claim accrues when a party gains the right to institute a suit and the statute of limitations begins to run. In cases such as this, the claim accrues when the insured party files a claim for PIP benefits. Moreover, accepting either of plaintiffs proposals would tie the date of accrual to illogical, unpredictable, or statutorily disfavored events.

I.

On December 16, 2009, plaintiff Karon K. Johnson was twenty years old. On that date, Johnson purchased a bottle of vodka [377]*377from L & J Liquor & Deli, owned and operated by defendants Roselle EZ Quick, LLC, Harshira Patel, and Suresh Patel (collectively, EZ Quick). Johnson was not asked for identification when making his purchase. Several hours later, after consuming some of the vodka, Johnson was seriously injured when he drove his mother’s car into a tree. Johnson’s blood alcohol content was determined to have been 0.128% at the time of the crash. Johnson suffered serious injuries rendering him a paraplegic.

Johnson filed a claim for PIP benefits on August 8, 2010, through his mother’s auto insurer, defendant GEICO Insurance Company (GEICO). By August 20, 2010, GEICO had paid the full PIP benefits policy limit of $250,000 to Johnson. Over five months later, on January 28, 2011, an amendment to N.J.S.A 39:6A-9.1 was enacted preventing PIP carriers such as GEICO from being reimbursed from a tortfeasor’s insurer for benefits the PIP carrier paid to an insured party until the insured party’s claims against the tortfeasor are fully satisfied. L. 2011, c. 11, § 1.

On June 10, 2011, Johnson filed suit in the Law Division against EZ Quick for the negligent service of alcoholic beverages to a minor, and against GEICO for additional no-fault insurance benefits.2 GEICO filed its answer on December 20, 2011, in which it requested contribution and indemnification from EZ Quick. GEI-CO also sought PIP reimbursement from EZ Quick, pursuant to N.J.S.A. 39:6A-9.1. On February 22, 2012, GEICO filed a third-party complaint seeking the same relief from EZ Quick’s insurer, One Beacon Insurance and/or The Camden Fire Insurance Association (collectively, One Beacon).

On August 9, 2012, Johnson entered into a settlement agreement and release with EZ Quick and One Beacon. Under the [378]*378agreement, EZ Quick agreed to pay Johnson $1,000,000, the limit of its policy with One Beacon. The $1,000,000 was to be divided as follows: $251,449.90 to Johnson’s attorneys; $483,970.10 to Johnson’s special-needs trust; and $264,580 to the court to be held until GEICO’s claim for PIP reimbursement was resolved. The trial court approved the settlement and dismissed with prejudice Johnson’s claims against EZ Quick on August 15,2012.

GEICO and Johnson filed cross-motions for summary judgment regarding the $264,580 held by the court pending resolution of GEICO’s reimbursement claim. In support of its motion, GEICO argued, pursuant to N.J.S.A. 39:6A-9.1, as interpreted by Fernandez v. Nationwide Mutual Fire Insurance Co., 402 N.J.Super. 166, 952 A.2d 1156 (App.Div.2008) (Fernandez I), aff'd by an evenly divided court, 199 N.J. 591, 974 A.2d 1031 (2009) (Fernandez II), that it was entitled to reimbursement from One Beacon, EZ Quick’s insurer, even if the limits of EZ Quick’s policy would prevent Johnson from being made whole. The portion of N.J.S.A. 39:6A-9.1 on which GEICO relied states, in part, that

[a]n insurer ... paying ... personal injury protection benefits ... as a result of an accident occurring within this State, shall, within two years of the filing of the claim, have the right to recover the amount of payments from any tortfeasor who was not, at the time of the accident, required to maintain personal injury protection ... benefits coverage, other than for pedestrians, ... or although required did not maintain personal injury protection or medical expense benefits coverage at the time of the accident.
[N.J.S.A 39:6A-9.1(a)J

That section was not altered by the 2011 amendment. L. 2011, c. 11, § 1.

In response, Johnson argued that GEICO was prevented from recovering its payments until his own claim against EZ Quick was fulfilled. In support, Johnson cited the 2011 amendment to N.J.S.A. 39:6A-9.1, which limits an insurer’s right to recover PIP benefit payments from a tortfeasor, by providing that

[a]ny recovery by an insurer ...

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

Related

State in the Interest of A.D.
New Jersey Superior Court App Division, 2025
In the Matter of Registrant D.F.
New Jersey Superior Court App Division, 2025
In Re Registrant S.O.
New Jersey Superior Court App Division, 2025
County Concrete Corporation v. Board of Review
New Jersey Superior Court App Division, 2025
Matthew J. Platkin, Etc. v. Owusu A. Kizito
New Jersey Superior Court App Division, 2025
State of New Jersey v. C.C.W.
New Jersey Superior Court App Division, 2025
Lorillard Tobacco Company v. Director, Division of Taxation
New Jersey Superior Court App Division, 2025
Thomas Maloney v. Borough of Carlstadt
New Jersey Superior Court App Division, 2025
Paterson Board of Education v. Pritchard Industries, Inc.
New Jersey Superior Court App Division, 2025
Vadim Chepovetsky v. Louis Civello, Jr.
New Jersey Superior Court App Division, 2024
Richard Wasserman v. Board of Trustees, Etc.
New Jersey Superior Court App Division, 2024
Christopher Maia v. IEW Construction Group
Supreme Court of New Jersey, 2024
Ronald Sands v. Board of Review
New Jersey Superior Court App Division, 2024
State of New Jersey in the Interest of M.E.M.
New Jersey Superior Court App Division, 2024
State of New Jersey v. Rodney A. Gabriel
New Jersey Superior Court App Division, 2024

Cite This Page — Counsel Stack

Bluebook (online)
143 A.3d 254, 226 N.J. 370, 2016 N.J. LEXIS 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karen-k-johnson-v-roselle-ez-quick-llc075044-nj-2016.