Van Klootwyk v. Arman

477 N.W.2d 590, 1991 N.D. LEXIS 205, 1991 WL 239515
CourtNorth Dakota Supreme Court
DecidedNovember 19, 1991
DocketCiv. 910112
StatusPublished
Cited by20 cases

This text of 477 N.W.2d 590 (Van Klootwyk v. Arman) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Van Klootwyk v. Arman, 477 N.W.2d 590, 1991 N.D. LEXIS 205, 1991 WL 239515 (N.D. 1991).

Opinions

LEVINE, Justice.

The primary issue in this appeal is whether an injured but unsecured driver of an unsecured motor vehicle owned by a third person may recover damages for economic loss from a negligent secured driver of a secured vehicle. The trial court said yes. Appellant says no. We affirm.

Stephanie Van Klootwyk was injured in a two-car accident while driving her father’s unsecured vehicle. She sued Marlene Ar-man, the driver of the second vehicle, for negligence. The jury found Arman one hundred percent negligent and awarded Van Klootwyk $38,998.11 comprising past economic damages of $14,998.11, future economic damages of $4,000.00 and non-economic damages of $20,000.00.

Arman moved to amend the judgment by deducting the amount of past and future economic damages or, in the alternative, an amount approximating the value of the vehicle belonging to Van Klootwyk’s father. The district court denied the motion, ruling that North Dakota no-fault law does not preclude Van Klootwyk’s recovery and that the jury award, in part, was based upon Van Klootwyk’s liability for damages to the owner of the vehicle as a driver-bailee. Arman appealed.

Our standard of review of a trial court’s denial of a motion to alter or amend a judgment is abuse of discretion. State Bank of Towner, Inc. v. Rauh, 288 N.W.2d 299 (N.D.1980). A trial court abuses its discretion when it misinterprets or misapplies the law. Christianson v. City of Bismarck, 476 N.W.2d 688 (N.D.1991). The interpretation of statutes is a question of law fully reviewable by this Court, id., and our primary objective is to ascertain the intent of the legislature by looking at the language of the statute itself and giving it its plain, ordinary and commonly understood meaning. Production Credit Ass’n of Minot v. Lund, 389 N.W.2d 585 (N.D.1986); Moser v. Wilhelm, 300 N.W.2d 840 (N.D.1980). Consideration should be [592]*592given to the context of the statutes and the purposes for which they were enacted. Moser, 300 N.W.2d at 847.

Arman relies upon the exemption provided to secured persons by NDCC § 26.1-41-08. A secured person is the owner, operator or occupant of a secured motor vehicle. NDCC § 26.1-41-01(20). A secured motor vehicle is a vehicle which, at the time of the accident, is insured as required by chapter 26.1-41, the North Dakota Auto Accident Reparations Act. NDCC § 26.1-41-01(19).

Section 26.1-41-08 says:

“1. In any action against a secured person to recover damages because of accidental bodily injury arising out of the ownership or operation of a secured motor vehicle in this state, the secured person is exempt from liability to pay damages for:
a. Noneconomic loss unless the injury is a serious injury.
b. Economic loss to the extent of all basic no-fault benefits paid or to become payable for such injury under this chapter after subtracting the same elements of loss recoverable under any workers’ compensation law.
“2. The exemption under subsection 1 does not apply unless the person who has sustained accidental bodily injury is a person who may qualify for basic no-fault benefits pursuant to section 26.1-41-06 and who is not excluded under section 26.1-41-07.”

Thus, under NDCC § 26.1-41-08(2), two requirements must be satisfied before a secured person can claim the secured-person exemption against an injured person who is not the owner of the unsecured vehicle: the injured person must be a person who may qualify for no-fault benefits under NDCC § 26.1-41-061 and the injured person cannot be excluded from no-fault coverage under NDCC § 26.1-41-07.2 In order for Ar-man, the secured person, to claim a secured-person exemption, Van Klootwyk, the injured non-owner, must satisfy both requirements of NDCC § 26.1-41-08(2). Because we conclude she does not qualify for benefits under NDCC § 26.1-41-06, we need not consider whether she is excluded from no-fault coverage under NDCC § 26.1-41-07.

NDCC § 26.1-41-06 requires that a basic no-fault insurer of a secured motor vehicle pay basic no-fault benefits for economic loss from accidental bodily injury. However, Van Klootwyk’s vehicle was not insured for no-fault benefits at the time of the accident and therefore was not a secured motor vehicle. But Arman urges that Van Klootwyk nonetheless “may qualify” for no-fault benefits under NDCC § 26.1-41-06. Arman argues that the language of section 26.1-41-08(2), that Van Klootwyk be a person who “may qualify for basic no-fault benefits pursuant to section 26.1-41-06,” means only that Van Klo-[593]*593otwyk be eligible for no-fault benefits upon purchasing the required no-fault insurance. Arman’s argument is that because Van Klootwyk potentially could have qualified for no-fault benefits by purchasing the no-fault insurance, she is a person “who may qualify for basic no-fault benefits” and Ar-man is entitled to the secured-person exemption. We disagree.

The word “may” within the phrase “may qualify” contained in NDCC § 26.1-41-08(2) is an auxiliary verb susceptible to a wide range of meanings. It connotes mere possibility, or probability, or reasonable certainty depending upon the context in which it is used. See Greyhound Corp. v. Excess Insurance Co. of America, 233 F.2d 630 (5th Cir.1956).

The purpose of the “no-fault” law, among other objectives, is to provide adequate compensation for victims of motor vehicle accidents. Moser, 300 N.W.2d at 847.3 To interpret the word “may” in the manner suggested by Arman would deny compensation to a victim of a motor vehicle accident and undercut the primary reason the legislature enacted the Auto Accident Reparations Act. It would also render illusory the protection under subsection (2) of section 26.1-41-08. On the other hand, construing the verb “may qualify” to mean “does qualify” is consonant with the ordinary meaning of the language, and the primary purpose of the no-fault law.

We have noted in a different context that a “secured person is exempt from liability to pay damages for economic, loss to the extent that the injured person receives basic no-fault benefits.” Imperial Cas. & Indem. v. General Cas., 458 N.W.2d 335, 337 (N.D.1990). Actual eligibility, not potential eligibility, for benefits is the criterion. Here, we conclude that the secured-person exemption under NDCC § 26.1-41-08(2) only applies if the injured non-owner actually qualifies at the time of the accident for benefits under NDCC § 26.1-41-06. Van Klootwyk does not qualify for the benefits under NDCC § 26.1-41-06 because she does not have a claim which is payable by a no-fault insurer. Consequently, the secured-person exemption does not apply and Arman is not exempt from liability for damages for economic loss.

We note that Arman has argued that Van Klootwyk is an owner of the vehicle.

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Van Klootwyk v. Arman
477 N.W.2d 590 (North Dakota Supreme Court, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
477 N.W.2d 590, 1991 N.D. LEXIS 205, 1991 WL 239515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-klootwyk-v-arman-nd-1991.