Bernice Pisack v. B & C Towing, Inc.; Eptisam Pellegrino v. Nick's Towing Service, Inc.; Christopher Walker v. All Points Automotive & Towing, Inc. (081492) (Bergen & Middlesex Counties & Statewide) (A-17/18-18; 081492)
The 2018 legislation amending the Towing Act does not have retroactive effect, and the Court agrees with the Appellate Division’s construction of the pre-2018 Act. The Court affirms the Appellate Division’s thorough and thoughtful decision as to exhaustion of administrative remedies, derivative immunity, and the remand as to the Towing Act and CFA claims, all substantially for the reasons expressed in Judge Gilson’s opinion. The Court separately addresses whether plaintiffs can pursue claims under the TCCWNA and finds that plaintiffs are unable to state a claim under that statute. The Court therefore reverses the judgment of the Appellate Division on that issue but affirms as to all others.