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KELLY v. GWINNELL

96 N.J. 538 (1984)

476 A.2d 1219

MARIE E. KELLY, PLAINTIFF-APPELLANT, v. DONALD C. GWINNELL AND PARAGON CORP., DEFENDANTS-APPELLANTS, AND JOSEPH J. ZAK AND CATHERINE ZAK, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 27, 1984.

Attorney(s) appearing for the Case

Nicholas G. Radano, submitted a letter brief on behalf of amicus curiae Sandra Weber, an incompetent, by her guardian ad litem, Shirley Vitiello; Walter John Sauers Weber, a minor, by his legal guardian, Shirley Vitiello; and Shirley Vitiello, individually.

Michael D. Schottland argued the cause for appellant Marie E. Kelly (Chamlin, Schottland, Rosen, Cavanagh & Uliano, attorneys; Thomas W. Cavanagh, Jr., on the brief).

John P. Duggan argued the cause for appellants Donald C. Gwinnell and Paragon Corp. (Wolff, Helies & Duggan, attorneys).

George N. Arvanitis argued the cause for respondents (Carton, Nary, Witt & Arvanitis, attorneys; Jamie S. Perri, on the brief).

The opinion of the Court was delivered by WILENTZ, C.J.

This case raises the issue of whether a social host who enables an adult guest at his home to become drunk is liable to the victim of an automobile accident caused by the drunken driving of the guest. Here the host served liquor to the guest beyond the point at which the guest was visibly intoxicated. We hold the host may be liable under the circumstances of this case...

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