DAVIS v. SAM GOODY, INC.


195 N.J. Super. 423 (1984)

480 A.2d 212

CHARLES DAVIS AND LOIS KUROWSKY, EXECUTORS OF THE ESTATE OF FRANK DAVIS, DECEASED, AND CHARLES DAVIS AND LOIS KUROWSKY, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. SAM GOODY, INC., A NEW YORK CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, DEFENDANT-RESPONDENT, AND ESTATE OF CHARLES C. HIERS, DEFENDANT. HELEN SANTORO, PLAINTIFF-APPELLANT, v. SAM GOODY, INC., A NEW YORK CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, DEFENDANT-RESPONDENT, AND ESTATE OF CHARLES C. HEIRS AND ESTATE OF FRANK DAVIS, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 1984.


Attorney(s) appearing for the Case

James A. Shafranski argued the cause for appellants (Francis J. Lutz, attorney for Charles Davis and Lois Kurowsky, Executors of the Estate of Frank Davis, deceased, and Charles Davis and Lois Kurowsky, individually; and Weiner, Ostrager, Fieldman and Zucker, attorneys for Helen Santoro; George M. Kachmar, III, on the brief).

John Haschak, III argued the cause for respondent (W. Stephen Leary, attorney).

Before Judges FRITZ, FURMAN and DEIGHAN.


PER CURIAM.

This matter involves the liability of an alleged commercial host to third parties for damages suffered as the result of negligence on the part of an intoxicated guest. On the motion of defendant Sam Goody, Inc. for summary judgment, the trial judge, in an extensive written opinion, recognized the tavern keeper's liability as delineated in Rappaport v. Nichols, 31 N.J. 188 (1959) and the liability of a social host...

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