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BAUER v. NESBITT

A-16 September Term 2008

969 A.2d 1122 (2009)

198 N.J. 600

Kathleen V. BAUER, Administratrix ad Prosequendum for the Estate of James Allan Hamby, and Individually, Plaintiff-Respondent, v. Frederick NESBITT, III, driver, Julia Nesbitt, owner and John Doe Dram Shop and/or Homeowner Server of Alcohol, Defendants, and C View Inn, Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 7, 2009.

Attorney(s) appearing for the Case

Terence M. King argued the cause for appellant.

Rudolph C. Westmoreland argued the cause for respondent (Westmoreland Vesper & Quattrone, attorneys; Mr. Westmoreland and Kathleen F. Beers, on the brief).

Justice ALBIN delivered the opinion of the Court.

This appeal involves a wrongful death and survivorship lawsuit filed against defendant C View Inn by plaintiff Kathleen V. Bauer. Plaintiff's twenty-one-year-old son, James Allan Hamby, was killed in an accident while a passenger in a car operated recklessly by a nineteen-year-old drunk driver, Frederick Nesbitt, III, after the two young men had socialized at the Inn. In the civil complaint, plaintiff claims that the...

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