McGovern v. Koza's Bar & Grill

MENZA, J.S.C.

This is a dram shop action.

Plaintiff has moved to strike defendant’s comparative negligence defense.

The question presented is whether the comparative negligence defense is available under the Alcoholic Beverage Servers Liability Act (N.J.S.A. 2A:22A-1 et seq.), to a tavern owner against whom a patron has brought suit for injuries she suffered as a result of her being intoxicated.

Surprisingly, there are no New Jersey cases which have interpreted the statute.

Plaintiff was a patron in the defendant’s tavern, at which she consumed four to five glasses of beer and four to five shots…