KELLY V. GWINNELL
N.J. Sup. Ct., 96 N.J. 538, 476 A.2d 1219 (1984)
NATURE OF THE CASE: Kelly (P) appealed a summary judgment in a negligence action, in
favor of Zak (D2), social hosts, who served alcohol to Gwinnell (D1) a drunken driver.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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