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N.J.S.A. 39:6A-1 to -35 (Act). Negron was a passenger in a vehicle operated by his brother- in-law, Carlos Lucena,
when they and another passenger were leaving the parking lot of "Eugene's Bar" at its 2:00 a.m. closing time. The bar
featured dancing to Latin music on weekends, and the lot was crowded with departing patrons. There were several
disputes ongoing in the lota condition, discovery suggests, that was not unusual as the bar emptied out on weekends.
"> Original WP 5.1 Version
This case can also be found at 358 N.J. Super. 59, 816 A.2d 1087.
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-4694-01T5
ISMAEL NEGRON,
Plaintiff-Appellant,
v.
COLONIAL PENN INSURANCE a/k/a
G.E. AUTO INSURANCE,
Defendant-Respondent.
Submitted February 13, 2003 - Decided March 6, 2003
Before Judges Eichen, Weissbard and Landau.
On appeal from Superior Court of New Jersey,
Law Division, Cumberland County, CUM-L-259-01.
Capizola, Fineman & Lapham, attorneys for
appellant (Darrell Fineman, of counsel;
Jeannine V. Cavagnaro, on the brief).
Margolis Edelstein, attorneys for respondent
(Gary Weinberg, on the brief).
The opinion of the court was delivered by
LANDAU, J.A.D., retired and temporarily assigned on recall.
Plaintiff, Ismael Negron, appeals from a Law Division order of April 19, 2002, that granted summary judgment to
defendant, Colonial Penn Insurance Co., on his complaint for personal injury protection benefits (PIP) under the New
Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 to -35 (Act).
Negron was a passenger in a vehicle operated by his brother- in-law, Carlos Lucena, when they and another
passenger were leaving the parking lot of "Eugene's Bar" at its 2:00 a.m. closing time. The bar featured dancing to
Latin music on weekends, and the lot was crowded with departing patrons. There were several disputes ongoing in the
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lot--a condition, discovery suggests, that was not unusual as the bar emptied out on weekends.
Viewed most favorably to plaintiff, the proofs showed that after Lucena had backed out of his parking space, a man
was standing in front of Lucena's station wagon, blocking its exit. Lucena honked the horn, and the man began
pounding on the hood. Lucena left the car, ostensibly to facilitate its movement by addressing the person who was
pounding the hood. He was immediately assaulted and knocked down by several people.
In Negron's words, "he was knocked down in the ground, and that's when I opened the door, and I went to help him.
. ." Asked, "[w]hat was your intention in getting out of the car[?]," Negron answered, "[t]o help my brother-in-law."
Negron did not remember what happened after he got out of the car. According to eyewitnesses, he was struck
violently from the rear on the side of his head by someone wielding an object, possibly a beer bottle. Negron sustained
serious injuries.
One witness said Negron had gone around to the back of the vehicle before he was hit. Another witness, the second
passenger of the Lucena vehicle, described it this way:
The first one that got hit was Carlos. Seconds. Ismael was with Carlos in the car. Carlos [sic] opened the door and
when he seen Carlos was on the floor that's why he went to find out what's going on. He went around the car and this
other guy came at him with a bottle. Boom. That's it.
As amended at the time of the March 1999 injury, 138 N.J. 242, 247- 53 (1994). More recent cases, like Ohio
Casualty Group v. Gray, 323 N.J. Super. 338 (App. Div. 1999); Svenson v. National Consumer Ins. Co., 322 N.J.
Super. 410, 413-17 (App. Div. 1999); and Stevenson v. State Farm Indemnity Co., 311 N.J. Super. 363, 372-73 (App.
Div. 1998), have addressed the issue with similar surveys.
In support of his argument on appeal, Negron urges that his actions were directly linked to the use of the automobile
in which he was traveling because he was acting to aid the driver of his car, to clear a path of travel and to stop third
parties from damaging the vehicle. He invokes particularly Smaul v. Irvington General Hosp., 108 N.J. 474, 477
(1987); Ohio Casualty Group, supra; and Vicari v. Nationwide Ins. Co., 174 N.J. Super. 463 (App. Div.), certif. denied,
85 N.J. 464 (1980).
We have considered the above cases, along with our decision in Burns v. Market Transition Facility of N.J., 281
N.J. Super. 304 (App. Div. 1995), where PIP coverage was afforded to a good Samaritan injured while partially inside
an automobile for the purpose of rendering emergency assistance to its injured driver.
The Supreme Court was careful in Lindstrom to recognize that N.J.S.A. 39:6A-4 was not designed to function as
general crime insurance, and that its ruling in that case was not applicable to cases where other circumstances
intervene between use of the vehicle and a criminal act of violence. Lindstrom, supra, 138 N.J. at 253. This distinction
appears to have been anticipated in Vasil, supra, 238 N.J. Super. at 577, and recognized by Judge Curio in her oral
decision on the motion. The judge pointed out that Negron's stated purpose was to assist his brother-in-law who had
been knocked to the ground.
We find nothing in the record to support the factual contention made on appeal that Negron left the car for the
purpose of clearing a path or assessing damage done to the vehicle. The requisite substantial nexus is absent because
of the intervening circumstances that prompted Negron's departure from the vehicle.
It also appears to be suggested on appeal that, as Lucena was injured while arguably still in occupancy or in use of
the vehicle because of a purpose to clear a passage free of the obstructing individual, Negron's attempt to render aid to
his injured brother- in-law (who was then outside of the car) should be deemed to acquire the aura of occupancy or
use surrounding Lucena.
This stretches the liberal-construction mandate of N.J.S.A. 39:6A-16 beyond existing case law and, we think,
beyond the purposes of the Act.
As observed by the concurring judge in Burns, "[n]ot everyone who might be a good Samaritan attempting to aid a
motorist will be entitled to PIP benefits and rescue will not always invite such benefits." Burns, supra, 281 N.J. Super.
at 311. (Conley, J., concurring).
Among the purposes of the Act was an effort to address premium cost reduction. The latter legislative objective has
been re- emphasized by adoption of the Automobile Insurance Cost Reduction Act, L. 1998, c. 21, amendments to the
no-fault laws. Extension of the nexus rationale beyond present boundaries cannot be calculated to lower premium
costs.
Affirmed.
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