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BUCKLEY v. ESTATE OF PIROLO

101 N.J. 68 (1985)

500 A.2d 703

JAMES A. BUCKLEY, ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF ROSEANN BUCKLEY, DECEASED, PLAINTIFF-APPELLANT, v. ESTATE OF CHARLES PIROLO, DECEASED, OCEAN AVIATION, INC., A NEW JERSEY CORPORATION; AND CHEROKEE ENTERPRISES, INC., A NEW JERSEY CORPORATION; DEFENDANTS, AND FORKED RIVER HOUSE, A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT. PATRICIA CEROLI, ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF KARL ELMS, DECEASED, PLAINTIFF-APPELLANT, v. ESTATE OF CHARLES PIROLO, DECEASED, OCEAN AVIATION, INC., A NEW JERSEY CORPORATION; AND CHEROKEE ENTERPRISES, INC., A NEW JERSEY CORPORATION, DEFENDANTS, AND FORKED RIVER HOUSE, A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT. JOAN RIEDINGER, GENERAL ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF CHARLES E. RIEDINGER, PLAINTIFF-APPELLANT, v. OCEAN AVIATION, INC.; CHEROKEE ENTERPRISES, INC., AND ESTATE OF CHARLES PIROLO, DECEASED, DEFENDANTS, AND FORKED RIVER HOUSE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided November 13, 1985.

Attorney(s) appearing for the Case

Michael E. Cunningham argued the cause for appellant Joan Riedinger (Starkey, Kelly, Cunningham, Blaney & White, attorneys).

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

Harold A. Schuman argued the cause for respondent (Schuman & Butz, attorneys).

The opinion of the Court was delivered by CLIFFORD, J.

In these wrongful death cases plaintiffs' decedents were passengers in an aircraft piloted by defendant Pirolo and leased to him by defendant Ocean Aviation, Inc. All the occupants were killed when the airplane crashed. Immediately before the flight the occupants had been patrons of the defendant Forked River House, where the pilot and two of the passengers were served intoxicating liquors. The evidence strongly...

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