BUCKLEY v. PIROLO ESTATE


190 N.J. Super. 491 (1983)

464 A.2d 1136

JAMES A. BUCKLEY, ETC., PLAINTIFFS-RESPONDENTS, v. ESTATE OF CHARLES PIROLO ET AL., DEFENDANTS-RESPONDENTS. PATRICIA CEROLI, ETC., PLAINTIFFS-RESPONDENTS, v. ESTATE OF CHARLES PIROLO ET AL., DEFENDANTS-RESPONDENTS. JOAN REIDINGER, ETC., PLAINTIFFS-RESPONDENTS, v. OCEAN AVIATION, INC. ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 3, 1983.


Attorney(s) appearing for the Case

Harold A. Schuman argued the cause for appellant Forked River House (Schuman & Butz, attorneys).

Michael E. Cunningham argued the cause for respondents Joan Reidinger, etc. (Starkey, Kelly, Cunningham, Blaney & White, attorneys).

James J. Curry, Jr. argued the cause for respondents James A. Buckley and Patricia Ceroli et als. (Curry & Stein, attorneys).

Before Judges BISCHOFF, J.H. COLEMAN and GAULKIN.


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

The novel issue raised by this appeal is whether a dram shop that sells intoxicating beverages to an actually or apparently intoxicated pilot of a private airplane, who crashes the plane, killing himself and his passengers, can assert the defense of contributory negligence against claims made on behalf of the unintoxicated deceased passengers on the flight who knew the pilot was probably intoxicated....

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