Legal Opinion

Kelly v. Gwinnell

Supreme Court of New Jersey

Decided June 27, 1984PublishedCited by 279 opinions

1Opinion of the Court

The opinion of the Court was delivered by

WILENTZ, C.J.

This case raises the issue of whether a social host who enables an adult guest at his home to become drunk is liable to the victim of an automobile accident caused by the drunken *541driving of the guest. Here the host served liquor to the guest beyond the point at which the guest was visibly intoxicated. We hold the host may be liable under the circumstances of th?s case.

At the trial level, the case was disposed of, insofar as the issue before us is concerned, by summary judgment in favor of the social host. The record on which the summary…

2Cases cited43 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Rappaport v. NicholsSupreme Court of New Jersey · 1959
  3. Goldberg v. Housing Auth. of City of NewarkSupreme Court of New Jersey · 1962
  4. Butler v. Acme Markets, Inc.Supreme Court of New Jersey · 1982
  5. Portee v. JaffeeSupreme Court of New Jersey · 1980

38 more not listed; retrieve them via the Exa API.

3Cited by279 opinions

  1. Hopkins v. Fox & Lazo RealtorsSupreme Court of New Jersey · 1993
  2. D'Amico v. ChristieNew York Court of Appeals · 1987
  3. Pickett v. Lloyd'sSupreme Court of New Jersey · 1993
  4. Graff v. BeardTexas Supreme Court · 1993
  5. People Express Airlines, Inc. v. Consolidated Rail Corp.Supreme Court of New Jersey · 1985

274 more not listed; retrieve them via the Exa API.

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