Kelly v. Gwinnell
New Jersey Supreme Court
476 A.2d 1219 (N.J. 1984)
Relevant factsFree
The Zaks (defendants) served Gwinnell two or three scotches, knowing he had to drive himself home, and Gwinnell was visibly intoxicated when he left. On his way home, Gwinnell caused a car accident that seriously injured Marie Kelly (plaintiff). Kelly sued the Zaks along with Gwinnell; the trial court granted the Zaks summary judgment, the appellate court affirmed, and Kelly appealed.
IssueFree
Whether a host who serves alcohol to a guest, knowing the guest is intoxicated and has to drive home, is liable for injury the guest causes in the negligent operation of his vehicle afterward when that negligence is caused by intoxication.