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TIGER v. AMERICAN LEGION POST 43

125 N.J. Super. 361 (1973)

311 A.2d 179

GERALDINE TIGER AND RAYMOND TIGER, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. AMERICAN LEGION POST NO. 43 AND LEONARD CLARK, DEFENDANTS-RESPONDENTS, AND RONALD M. HEYMANN, DIRECTOR OF MOTOR VEHICLES OF STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1973.

Attorney(s) appearing for the Case

Mr. Thomas P. McHugh argued the cause for defendant-appellant Ronald M. Heymann, Director of Motor Vehicles of New Jersey (Messrs. Gurry & Conlan, attorneys).

Mr. Peter A. Benz argued the cause for plaintiffs-respondents.

Mr. John J. O'Donnell argued the cause for defendant-respondent American Legion Post No. 43 (Messrs. O'Donnell, Leary & D'Ambrosio, attorneys), and also for defendant-respondent Leonard Clark (Mr. Thomas H. Green, attorney).

Before Judges CARTON, SEIDMAN and GOLDMANN.

The opinion of the court was delivered by SEIDMAN, J.A.D.

This appeal involves a personal injury negligence action brought by plaintiff Geraldine Tiger and her husband against American Legion Post No. 43 (Post), its employee and bartender Leonard Clark, and the Director of the Division of Motor Vehicles. She claimed that the American Legion Post, through the bartender, negligently served her alcoholic beverages while she was visibly intoxicated,

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