Castano v. Augustine, 475 N.J.Super. 71, 291 A.3d 295

The Superior Court, Appellate Division, held that a motorcyclist was not statutorily barred from bringing a negligence action for damages in the absence of a conviction for driving while intoxicated.

The defendants had previously filed a motion for summary judgment, arguing that the plaintiff was legally intoxicated at the time of the accident and, therefore, could not, as a matter of law, pursue a claim for negligence. That motion was denied, and leave for an appeal was granted.

A New Jersey statute provides that any person who was convicted of, or pled guilty to, operating a motor vehicle in violation of statutes prohibiting driving while intoxicated (DWI) would not have a cause of action for recovery of economic or noneconomic loss sustained as a result of the accident. In this case, the motorcyclist had neither pled guilty to, nor was convicted of, DWI and was, therefore, permitted to bring the claim.