Lee v. Kiku Restaurant

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 was visibly intoxicated. Plaintiff had previously settled with the intoxicated driver.

The Appellate Division reversed and remanded,…