FINNEY v. REN-BAR, INC.


229 N.J. Super. 295 (1988)

551 A.2d 535

EDWARD FINNEY, ET AL, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. REN-BAR, INC., A NEW JERSEY CORPORATION TRADING AS "POOR MIKE'S," RENE BARTOLI, TRADING AS "POOR MIKE'S," DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND PEARLINE THOMAS, GEORGE THOMAS, ET AL, DEFENDANTS-RESPONDENTS. MARYELLA THOMAS, ET AL, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. REN-BAR INC., A NEW JERSEY CORPORATION TRADING AS "POOR MIKE'S," RENE BARTOLI, TRADING AS "POOR MIKE'S," DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND PEARLINE THOMAS, GEORGE THOMAS, ET AL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 1988.


Attorney(s) appearing for the Case

Stephen G. Sweet argued the cause for appellant cross-respondent (Methfessel & Werble, attorneys; Stephen G. Sweet, on the brief).

Paul E. Newell argued the cause for respondents cross-appellants Finney (Newell & Mahany, attorneys; Paul E. Newell, on the brief).

Herbert Lawrence argued the cause for respondents cross-appellants Maryella Thomas (Lawrence and Kapalko, attorneys; Herbert Lawrence, on the brief).

Douglas S. Brierley argued the cause for respondent George Thomas (Schenck, Price, Smith & King, attorneys; Donald W. Bedell, of counsel; John M. DeMarco and Douglas S. Brierley, on the brief).

Wolff, Helies & Duggan filed a statement for respondent Township of Neptune in lieu of brief.

Before Judges KING, BRODY and ASHBEY.


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

This is a dram shop case. The question is whether it is foreseeable to a tavern serving alcohol to an underage drinker that fire-related death and injuries will proximately result. Defendants Ren-Bar, its owner Rene Bartoli, (collectively the tavern or Poor Mike's) appeal from verdicts in plaintiffs' favor for compensatory and punitive damages. Plaintiffs cross...

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