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FINER v. TALBOT

230 N.J. Super. 19 (1988)

552 A.2d 626

RICHARD FINER, JOHN FINER, PAUL FINER AND BRIAN FINER, INFANTS BY THEIR GUARDIAN AD LITEM, DIANE FINER AND DIANE FINER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF RICHARD J. FINER, JR., PLAINTIFFS-RESPONDENTS, v. DANIEL TALBOT AND LINDA TALBOT, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1988.

Attorney(s) appearing for the Case

L. Patricia Sampoli argued the cause for appellants (Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys; L. Patricia Sampoli and Donald M. Kaplan, on the brief).

Margie McMahon argued the cause for respondents (Levin, Shea & Pfeffer, attorneys; Margie McMahon, on the brief).

Before Judges GAULKIN, BILDER and ARNOLD M. STEIN.

BILDER, J.A.D.

On January 4, 1987 Richard Finer, Jr. was killed when he drove his motor vehicle into a tree. His next of kin have brought a death action against social hosts who they contend negligently served him intoxicants at a time when he was already intoxicated. There is no dispute that the claim would extend social host liability beyond that presently recognized by our courts. In Kelly v. Gwinnell,

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