CALISE BELIN v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY (L-2278-19, BURLINGTON COUNTY AND STATEWIDE)


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1329-20 CALISE BELIN and KIM BELIN, Plaintiffs-Appellants, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY and MELINDA YOUNG, Defendants-Respondents. _______________________________ Argued December 7, 2021 – Decided August 5, 2022 Before Judges Messano and Accurso. On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Docket No. L- 2278-19. Timothy J. Foley argued the cause for appellants (Foley & Foley, attorneys; Sherry L. Foley and Timothy J. Foley, of counsel and on the briefs). Derek G. Timms argued the cause for respondents (Parker Young & Antinoff, attorneys; Brad A. Parker, of counsel; Derek G. Timms, on the brief). PER CURIAM Plaintiff Calise Belin and her mother Kim Belin, appeal from summary judgment in favor of New Jersey Manufacturers Insurance Company dismissing their claim for underinsured motorist coverage. Because we agree with Judge Belgard that there were no material facts in dispute regarding liability for the accident, making NJM entitled to judgment as a matter of law, we affirm. The facts of this two-car accident are uncomplicated and easily summarized. Plaintiff Calise Belin was driving to a basketball game after work in a car owned by her parents. It was dark and raining and plaintiff had her lights and windshield wipers on. She stopped at a stop sign on Lafayette Road in Voorhees preparing to make a lefthand turn onto southbound Haddonfield-Berlin Road. Looking both ways and not seeing anyone coming, plaintiff made her turn. Debra Lawless-Gattone was traveling northbound on Haddonfield-Berlin Road on her way to pick up her son from hockey practice. According to her, Haddonfield-Berlin Road widens from a two-lane to a four-lane road just south of Lafayette Road. She was in the left lane with her lights and windshield wipers on, deciding whether to move to the right lane as she saw plaintiff's car A-1329-20 2 approach the stop sign on Lafayette Road. Lawless-Gattone claimed she slowed, not sure whether plaintiff was going to stop. Satisfied plaintiff wo uld stop, Lawless-Gattone, whose travel was not controlled by any traffic sign or signal, checked her rearview mirror and looked around to see if it was safe to move into the right lane. When she turned back, plaintiff was coming out of Lafayette Street on her right, turning in front of her. According to Lawless- Gattone, she braked and turned the wheel in an attempt to avoid plaintiff but didn't have enough time to stop before crashing into plaintiff's driver-side door. Lawless-Gattone gave a statement shortly after the accident that the speed limit on Haddonfield-Berlin Road increased from 25 to 40 miles per hour when the road widened to four lanes, and that she was traveling between 35 and 40 …

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