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LEE v. KIKU RESTAURANT

127 N.J. 170 (1992)

603 A.2d 503

PETER LEE, PLAINTIFF, v. KIKU RESTAURANT, ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. MYUNG CHUNG, THIRD-PARTY DEFENDANT. SEUNG GYUN CHOI, PLAINTIFF-RESPONDENT, v. JANE DOE 1 THROUGH 5 (SAID NAME BEING FICTITIOUS AND UNKNOWN), INDIVIDUALLY AND/OR AS SERVANT, AGENT OR EMPLOYEE OF KIKU RESTAURANT, INC., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, AND KIKU RESTAURANT, INC., MANJO SHIM AND YOUN HA SHIM, DEFENDANTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS, v. MYUNG CHUNG, THIRD-PARTY DEFENDANT.

The Supreme Court of New Jersey.

Decided March 17, 1992.

Attorney(s) appearing for the Case

Thomas William Izzard argued the cause for appellants (Fierro, Fierro & Izzard, attorneys).

Samuel L. Davis argued the cause for respondent (Davis, Saperstein & Salomon, attorneys; Saragail Carpe, on the brief).

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

In this case we consider once again the principles that determine allocation of fault in actions brought to recover damages from taverns or restaurants for serving alcohol to visibly-intoxicated patrons. Plaintiff Choi, a patron of the restaurant, who was subsequently injured as a passenger in a car accident, recovered a verdict against the restaurant on the basis that it had served alcohol to the driver when he...

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