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ENTWISTLE v. DRAVES

102 N.J. 559 (1986)

510 A.2d 1

JAMES ENTWISTLE, GAIL ENTWISTLE PER QUOD, AND FRANCIS PAPAPIETRO, PLAINTIFFS-APPELLANTS, v. ROGER DRAVES, D/B/A NORTH FORTY TAVERN, RAYMOND LUBY AND ED'S MANOR TAVERN, INC., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS. KEVIN OSBORNE AND GERALDINE OSBORNE, PLAINTIFFS-APPELLANTS, v. ROGER DRAVES, INDIVIDUALLY AND D/B/A NORTH FORTY TAVERN, NORTH FORTY TAVERN, AND ED'S MANOR TAVERN, INC., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS. JOHN LENSI AND FRANCES LENSI, PLAINTIFFS-APPELLANTS, v. ROGER DRAVES, INDIVIDUALLY AND D/B/A NORTH FORTY TAVERN, NORTH FORTY TAVERN, AND ED'S MANOR TAVERN, INC., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 21, 1986.

Attorney(s) appearing for the Case

Thomas J. Pisarri and Marc N. Isenberg argued the cause for appellants (McCarter & Pisarri, and Marc N. Isenberg attorneys).

Andrew S. Kessler argued the cause for respondents as to general liability (Klein, Chapman, DiIanni, Greenberg, Henkoff & Siegel, attorneys).

James R. Zazzali argued the cause for amicus curiae State Police Benevolent Association (Zazzali, Zazzali & Kroll, attorneys; Kenneth I. Nowak, on the brief).

Bruce Morrissey submitted a letter in lieu of brief on behalf of respondent Roger Draves, d/b/a North Forty Tavern as to dram shop liability.

Timothy J. Dunn, II, submitted a letter in lieu of brief on behalf of respondent Raymond Luby as to dram shop liability.

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

This is a companion case to Mahoney v. Carus Chem. Co., 102 N.J. 564 (1986), which we also decide today. As did Mahoney, this case concerns the application of the fireman's rule to bar recovery for injuries allegedly caused by willful and wanton misconduct.

Plaintiff police officers responded to a call for assistance from the bartender of the North Forty Tavern...

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