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Johnston v. New Jersey Manufacturers Insurance Co.

September 11, 2009

WILLIAM JOHNSTON, PLAINTIFF-APPELLANT,
v.
NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-7917-08.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 8, 2009

Before Judges Messano and Alvarez.

Plaintiff William Johnston appeals from summary judgment entered in favor of defendant, New Jersey Manufacturer's Insurance Company (NJM). Plaintiff raises the following points for our consideration:

POINT I

THE COURT BELOW ERRED BY NOT MAKING [] FINDINGS OF FACT AND CONCLUSIONS OF LAW AS REQUIRED UNDER RULE 1:7-4.

POINT II

THE COURT'S DECISION SHOULD BE REVERSED BECAUSE IT FAILED TO APPLY THE CORRECT STANDARD OF REVIEW AND THE BROAD PUBLIC POLICY OF N.J.S.A. 39:6A-4 FOUND IN THE CASELAW.

POINT III

THE COURT'S DECISION SHOULD BE REVERSED UNDER THIS COURT'S NON-DELEGABLE SPECIAL SUPERVISORY FUNCTION WHICH REQUIRES THE EXERCISE OF APPELLATE COURT REVIEW.

We have considered these arguments in light of the record and applicable legal standards. We conclude that the statutory bar to appellate review of the Law Division's order compels the dismissal of the appeal.

Plaintiff was injured in a single-car motor vehicle accident that occurred on September 4, 2006. The driver, Daniel Roselli, was insured by NJM. Plaintiff sought personal insurance protection (PIP) benefits, and filed a request for arbitration before a dispute resolution professional (DRP) appointed by the National Arbitration Forum.

The essential disputed issue was how the accident occurred. Plaintiff alleged that he was drinking in a bar and, as he walked to a friend's house, Roselli pulled alongside him in his car and agreed to provide plaintiff with a ride to a friend's house. Plaintiff had to urinate, so he asked Roselli to pull the car over, and he did. Plaintiff exited the car, but left the passenger door open to shield himself from being seen. He alleged that ...


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