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CHAMPION EX REL. EZZO v. DUNFEE

939 A.2d 825 (2008)

398 N.J. Super. 112

Mark CHAMPION, By and Through Bonnie Champion EZZO, his Attorney-In-Fact, Plaintiff-Appellant v. David W. DUNFEE, Jr., Safeco Life Insurance Company, and Atlantic Employers Insurance Company, Defendants, and Kristi Kakoda, Defendant-Respondent, and David W. Dunfee, Jr., Third-Party Plaintiff, v. Kristi Kakoda, Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 31, 2008.

Attorney(s) appearing for the Case

James F. Crawford, Collingswood, argued the cause for appellant.

Frank J. Caruso, New Brunswick, argued the cause for respondent (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys; John C. Simons, of counsel; Mr. Caruso, on the brief).

Before Judges PARRILLO, GRAVES and ALVAREZ.

The opinion of the court was delivered by

PARRILLO, J.A.D.

At issue is whether a passenger in a motor vehicle, which she neither owns nor controls, owes an affirmative duty to a fellow passenger to prevent a visibly intoxicated driver from operating his own automobile. Under the circumstances, we find no legal duty arises from the mere presence of a guest passenger who enjoys no special relationship to, and has not substantially encouraged the wrongful behavior...

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