Kelly v. Gwinnell N.J. Sup. Ct.,

96 N.J. 538, 476 A.2d 1219 (1984)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D1 after driving D2 home, spent an hour or two at D2's home before leaving to return to his own home. During that time, D1 consumed two or three drinks of scotch on the rocks. D2 accompanied D1 outside to his car, chatted with him, and watched as D1 then drove off to go home. D1 was involved in a head-on collision with an automobile operated by P, who was seriously injured as a result. D1's blood alcohol concentration was 0.286 percent. P's expert concluded from that reading that D1 had consumed not two or three scotches but the equivalent of thirteen drinks; that while at D2's home D1 must have been showing unmistakable signs of intoxication. P sued D1 and D2 and an employer of D1. D2 moved for summary judgment, contending that as a matter of law a host is not liable for the negligence of an adult social guest who has become intoxicated while at the host's home. The trial court granted the motion on that basis. The appellate court affirmed that ruling. P appealed.