Jeffrey Almeida v. Board of Trustees, Etc.

NOT FOR PUBLICATION WITHOUT THE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-2712-23

JEFFREY ALMEIDA,

Petitioner-Appellant,

v.

BOARD OF TRUSTEES,

STATE POLICE RETIREMENT

SYSTEM,

Respondent-Respondent.

___________________________

Argued February 25, 2025 – Decided June 24, 2025

Before Judges Sumners and Bergman.

On appeal from the Board of Trustees of the State

Police Retirement Board, Department of the Treasury,

SPRS No. xx5165.

Lauren Sandy argued the cause for appellant (Crivelli

Barbati & DeRose, LLC, attorneys; Lauren Sandy, of

counsel and on the briefs).

Matthew Melton, Deputy Attorney General, argued the

cause for respondent (Matthew J. Platkin, Attorney

General, attorney; Janet Greenberg Cohen, Assistant

Attorney General, of counsel; Matthew Melton, on the

brief).

PER CURIAM

Petitioner Jeffrey Almeida, a retired New Jersey State Trooper, appeals

the final agency decision by the Board of Trustees, State Police Retirement

System (the Board) denying him accidental disability retirement benefits under

N.J.S.A. 53:5A-10(a). To secure accidental disability retirement benefits under

the statute, an applicant must prove five elements. Richardson v. Bd. of Trs.,

Police & Firemen's Ret. Sys., 192 N.J. 189, 212-13 (2007). The Board adopted

the initial decision of the Administrative Law Judge (ALJ), denying Almeida's

application because he failed to show two of those elements: (1) the accident

was not a traumatic event, specifically, it was not undesigned and unexpected;

and (2) his disability was the result of his willful negligence. While we disagree

that the accident was not undesigned and unexpected, we affirm because we

conclude there is sufficient credible evidence in the record to support the Board's

factual findings that the accident was caused by Almeida's willful negligence.

See El-Sioufi v. St. Peter's Univ. Hosp., 382 N.J. Super. 145, 169 (App. Div.

2005) (recognizing our function as an appellate court is to review orders and

decisions, not opinions, and that we can affirm those decisions without adopting

the trial court's legal reasoning).

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I

On April 3, 2017, at approximately 3:23 p.m., Almeida was working as a

state trooper and driving a marked patrol car eastbound on Interstate 78 when

he was involved in a motor vehicle accident with Marquis Godfrey. The tragic

accident left him completely and totally disabled.

Over three years later, Almeida applied for accidental disability retirement

benefits with the State Police Retirement System. The Board denied the

application on the grounds that the accident was not undesigned and unexpected

and Almeida was willfully negligent. The Board instead granted him ordinary

disability retirement benefits. Almeida appealed, resulting in the matter being

transmitted to the Office of Administrative Law for a contested hearing.

Because his injuries effected his memory, Almeida was unable to testify

before the ALJ about the accident. The ALJ was left to consider the testimonies

of Almeida's expert witness Robert Klingen, a retired police chief and expert

witness in accident reconstruction and police procedure, and Board witness State

Police Detective Sergeant Daniel Wojcik, the lead investigator from the State

Police's fatal accident investigation unit. The ALJ found both Klingen and Det.

Sgt. Wojcik "testified credibly."

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Det. Sgt. Wojcik testified that he responded to the crash scene and

reviewed "all pertinent information," including roadway evidence, vehicle

evidence, digital in-car video recording (DIVR), witness statements, and a

memorandum from the Somerset County Prosecutor's Office.1 He concluded

neither drivers' conduct was reckless under state criminal law.

Godfrey, who was driving a black Acura in the left lane of the highway's

eastbound three lanes moments before the accident, gave a statement to Det. Sgt.

Wojcik that he was traveling between 65 and 70 miles per hour when he saw "a

[state] trooper coming fast behind him from a distance with his lights on." The

roadway's speed limit was 65 mph. Godfrey believed he was being pulled over

and slowed his vehicle and moved it over to the left, with his left-side tires on

the grass median and right-side tires still on the pavement. Godfrey stated he

was either "stopped or traveling less than 10 miles per hour" when the state

trooper's car "came around him . . . [and] hit the right front of his vehicle" after

a "red tractor pulling a white trailer in the middle lane . . . prevented [Almedia]

1

Although Almeida had the burden of proof and presented his case first, we

first discuss Det. Sgt. Wojcik's testimony for convenience. See Richardson, 192

N.J. at 212.

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4

. . . from passing him in the middle lane." Godfrey also said that, although he

saw Almeida's overhead lights activated, he "did not hear any siren."

Romeo Gallo was the only other witness who provided a statement to Det.

Sgt. Wojcik. He stated he was traveling in the far-right eastbound lane on I-78

when he saw Almeida's patrol car traveling "pretty fast" and "thought that he

was on a call based on his speed." Gallo said there was a black Acura in the left

lane, and as Almeida approached the Acura, the Acura slowed down and pulled

to the left, causing Almeida to "los[e] control," fishtailing right and then left

before hitting the Acura and crashing into a tree in the median. Gallo initially

stated he thought the patrol car had its sirens on but then said, "he did not recall

if they were on."

Det. Sgt. Wojcik testified the powertrain control module and Bosch Crash

Data Retrieval tool on Almeida's vehicle revealed Almeida was traveling at

speeds ranging from 105 to 108 miles per hour from about 25.4 seconds to 9.6

seconds prior to the crash. Then, starting from 9.6 seconds before the crash,

there is "on and off brake activity, where [Almeida] begins to slow the vehicle."

Det. Sgt. Wojcik stated there was no indication in the state police records that

Almeida was responding to a call when the crash occurred.

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In reviewing the last available video clip prior to the crash, taken from

Almeida's DIVR approximately eight minutes before the crash, Det. Sgt. Wojcik

determined Almeida was traveling at approximately 96 mph in the eight-second

video. He also testified there are several ways a trooper vehicle's DIVR camera

is turned on, but he believed it was triggered when Almeida turned on his

overhead lights, "because the lights were activated" in the video. He further

testified there was no indication Almeida was pursuing anyone at the time,

conducting stationary radar, nor trying to catch up to a vehicle because there

were no computer-aided dispatch (CAD) entries showing he was responding to

a call. He acknowledged that state troopers activate their overhead lights for

motor vehicle stops, and they are not required to call the stop to dispatch, thereby

creating a CAD entry, until it is "safe" to do so. That aside, he concluded

Almeida was traveling at an "excessive speed for . . . no apparent reason." But

Det. Sgt. Wojcik acknowledged there is no "situation in traffic laws" where it is

proper for Godfrey to yield to the left for an emergency vehicle, and such a

reaction would be "unexpected" for Almeida.

Det. Sgt. Wojcik concluded the crash was preventable and because

Almeida was driving at a "reckless" high rate of speed—105 to 108 mph—before

braking as he approached Godfrey, "[h]e failed to maintain directional control

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of his vehicle." He stated Almeida violated New Jersey State Police Standard

Operating Procedure (SOP) C18, which provides:

The safe operation of any assigned Division vehicle is

of paramount importance. All members shall comply

with all motor vehicle laws at all times. Particular care

should be given when responding to a call for service

while acting in an official police capacity, especially at

intersecting roadways (e.g., stop signs, traffic signals).

NOTE: In accordance with N.J.S.A. 39:4-91.b, the

driver of any authorized emergency vehicle is not

relieved from the duty to drive with due regard for the

safety of all persons, nor does the statute protect the

driver from the consequences of their reckless disregard

for the safety of others.

Det. Sgt. Wojcik was unaware if Almeida was disciplined for allegedly

violating the SOP, or if he had any other prior disciplinary violations. He

recognized that state troopers are permitted to exceed the speed limit to "close

the gap" between them and a motor vehicle to effectuate a stop, and that troopers

are not required to have their sirens on in doing so.

Almeida's expert Klingen agreed with Det. Sgt. Wojcik's assessment of

the "time distance analysis" and "dynamics of the crash." However, he opined

that the pre-crash data shows "six seconds of controlled braking, where

[Almeida's] speed is reduced down to 70 miles per hour," and that his speed at

the time of impact was 56 mph. He emphasized that "controlled braking" meant

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Almeida applied his brakes "intermittently," which is typically how troopers are

taught to stop, and is "a much more controlled stop than just a forceful braking."

Klingen opined that the "rate at which [Almeida] . . . was slowing is not

consistent with a panicked stop," and, to the contrary, "[t]here's no evidence that

[he] was out of control at that point."

Klingen stressed that Godfrey, in yielding to the left instead of the right,

"violated New Jersey 39:4[-]92, which indicates you must pull to the right to

yield to an emergency vehicle." Like Det. Sgt. Wojcik, he stressed "there are

no incidents where someone's permitted to yield to the left. . . . The law is clear,

the vehicle needs to pull to the right[-]hand side."

Klingen concluded:

[T]he cause of this crash was the improper, unlawful

and unsafe movement of the Godfrey vehicle to the left

where it began to slow down and stop, either on the left

shoulder or partially in the lane rather than lawfully

moving his vehicle to the right to clear the way for

[Almeida] to pass. The evidence is clear [t]rooper

Almeida had his red lights activated. There's evidence

. . . that he may or may not have had his siren on at . . .

the time of the crash.

....

[A]t the time of the crash, . . . Almeida was not traveling

at 108 miles an hour. He had reduced his speed safely

and reasonably to 70 miles per hour before [the crash].

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Klingen opined "[t]here was a reason" Almeida was "traveling that fast" and

"had his lights on," and "the only potential scenario was that he was trying to

effect a traffic stop to go after a violator."

Klingen further testified that Almeida was "not required to call in the fact

that he was attempting to stop a vehicle until he could identify that vehicle and

call in the specifics of it." Klingen opined that pre-stop calls to dispatch are

only made if the state trooper believes the violator is attempting to allude him.

Klingen stressed state troopers "are trained to operate vehicles at high speeds,"

and concluded Almeida's speed was "not unreasonable given the circumstances"

and he did not violate any SOPs.

In reaching his initial decision, the ALJ applied Richardson and

determined Almeida was not entitled to accidental disability retirement benefits

because his accident was "not undesigned and unexpected" as he "was traveling

at a high rate of speed with his vehicle's emergency lights on and without

emergency sirens activated. . . . in such a manner for no conceivable purpose."

The ALJ found Almeida's driving was a "reckless act contribut[ing] to the

accident that caused Almeida's permanent injury," thereby constituting "willful

negligence." The ALJ recognized that Godfrey's failure to properly yield to the

right obstructed the left-hand lane for Almeida's passage but determined "the

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superseding cause of the [accident] . . . was Almeida's decision to travel at a

high rate of speed with no [emergency] sirens activated and with his emergency

lights on for no articulable reason."

Almeida filed exceptions to the ALJ's decision. The Board's final agency

decision adopted, without explanation, the ALJ's decision denying Almeida

accidental disability retirement benefits. This appeal followed.

II

Accidental disability retirement benefits "entitle[] a member to receive a

higher level of benefits than those provided under an ordinary disability

retirement." Patterson v. Bd. of Trs., State Police Ret. Sys., 194 N.J. 29, 43

(2008). To qualify for accidental disability retirement benefits, a member of the

retirement system must demonstrate he or she "is permanently and totally

disabled as a direct result of a traumatic event occurring during and as a result

of the performance of his [or her] regular or assigned duties." N.J.S.A. 43:16A-

7(a)(1).

In Richardson, our Supreme Court held that an individual seeking

accidental disability retirement benefits through a government retirement

system must establish:

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1. that he is permanently and totally disabled;

2. as a direct result of a traumatic event that is

a. identifiable as to time and place,

b. undesigned and unexpected, and

c. caused by a circumstance external to the

member (not the result of pre-existing

disease that is aggravated or accelerated by

the work);

3. that the traumatic event occurred during and as a

result of the member's regular or assigned duties;

4. that the disability was not the result of the member's

willful negligence; and

5. that the member is mentally or physically

incapacitated from performing his usual or any other

duty.

[192 N.J. at 212-13; see also N.J.S.A. 43:16A-7(a)(1).]

Our courts have concluded that the words "traumatic event" and "direct result"

in the statute reflected the Legislature's intent "to make the granting of an

accidental disability pension more difficult." Smith v. State, Dep't of Treasury,

Div. of Pensions & Benefits, 390 N.J. Super. 209, 214 (App. Div. 2007) (quoting

Kane v. Bd. of Trs., Police & Firemen's Ret. Sys., 100 N.J. 651, 661 (1985)).

We accord deference to the Board's fact-finding, Circus Liquors, Inc. v.

Governing Body of Middletown Twp., 199 N.J. 1, 9-10 (2009), and reverse its

decision only if it is "arbitrary, capricious, or unreasonable, or . . . lacks fair

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support in the record." Russo v. Bd. of Trs., Police & Firemen's Ret. Sys., 206

N.J. 14, 27 (2011) (quoting In re Herrmann, 192 N.J. 19, 27-28 (2007)). As for

"an agency's interpretation of a statute or case law," appellate courts review de

novo. Ibid.

III

Almeida argues the Board applied "an unduly burdensome and overly

restrictive interpretation of the 'undesigned and unexpected' element of the

traumatic event standard." Citing to Richardson, 192 N.J. at 213, he argues an

"identifiable unanticipated mishap" or an "unexpected happening" satisfies the

traumatic event standard, and the accident was unusual because "it was

unanticipated and unexpected that Godfrey would remain half in the left lane of

travel and be traveling at 10 miles per hour." He posits "[s]o long as the

traumatic event is separate and apart from any pre-existing disease, accidental

disability [retirement] benefits should be granted."

Almeida further argues the ALJ's finding that Godfrey's improper yielding

to the left "created a hazardous obstruction of the left lane" and was "an

unintended external event" satisfies the undesigned and unexpected element to

receive accidental disability retirement benefits. He notes Gallo initially stated

Almeida had his sirens on before backtracking, but "[r]egardless of an audible

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signal, there is no occasion for a driver to pull over or yield to the left."

Almeida's "reaction was due to the Godfrey Acura's unexpected response in

pulling over to the left instead of the right." Moreover, it "is not a usual or

common occurrence for a driver to be stopped half in the left lane of the

highway," and this obstruction "caused the loss of directional control." The

"accident was therefore undesigned and unexpected."

We agree with Almeida that the accident was undesigned and unexpected

because Godfrey's yielding to the left rather than the right was an "unexpected

external happening" that caused the accident and Almeida's injuries. Almeida

was involved in a serious car accident while performing his job of patrolling the

highway, an identifiable, expected occurrence.

Yet, we conclude Almeida is not eligible for accidental disability

retirement benefits because the record supports the Board's determination that

his accident was due to his willful negligence. To qualify for accidental

disability retirement benefits, the disability cannot be the result of the member's

"willful negligence"; that is, "the member cannot, by action or inaction, have

brought about his disability through his reckless indifference to safety."

Patterson, 194 N.J. at 43 (quoting Richardson, 192 N.J. at 195); see also

N.J.A.C. 17:4-6.5.

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Almeida argues his "actions were consistent with those which a [state]

[t]rooper of ordinary prudence would exercise under similar circumstances."

Citing to several final agency decisions, Almeida argues "willful negligence is

found where an employee acts in contravention with a supervisor's overt and

direct orders," and without "a warning or direct order to the contrary, willful

negligence has not been found." Almeida also argues the ALJ found his

excessive speed was "reckless enough to constitute negligence," but "the

decision did not find the act of speeding or not using sirens amounted to 'willful

negligence.'"

The Board's unequivocable finding that "Almeida's willful negligence . . .

bar[s] him from receiving accidental disability [retirement] benefits" is

supported by credible evidence in the record. Almedia has the burden to show

his driving was not willfully negligent. See Richardson, 192 N.J. at 212.

However, because of his injuries he was unable to testify about the accident. To

determine what happened, Almeida relied on Klingen's expert testimony and

challenged Det. Sgt. Wojcik's testimony. Despite finding Klingen's testimony

credible, the Board held the testimony of Godfrey, Gallo, and Det. Sgt. Wojcik,

along with the documents in evidence and the DIVR video, supported its

determination that Almeida's willfully negligent driving warranted denial of his

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application for accidental disability retirement benefits. We conclude there is

no reasonable basis in the record to question the Board's determination that

Almeida was driving at an excessive rate of speed for "no articulable reason."

There was no indication that Almeida was responding to an emergency or

pursuing someone who violated the law. While Godfrey's improper yielding to

the left was unexpected and contributed to the accident, the Board's

determination that Almeida's willful negligence was "the superseding cause of

the incident" is not arbitrary, capricious, or unreasonable and was by credible

evidence in the record.

Affirmed.

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