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Davis v. Sam Goody, Inc.
Citations: 480 A.2d 212; 195 N.J. Super. 423
Court: New Jersey Superior Court; August 6, 1984; New Jersey; State Appellate Court
In the case of Davis and Kurowsky v. Sam Goody, Inc., the New Jersey Appellate Division addressed the liability of a commercial host for damages caused by an intoxicated guest. The trial court had previously recognized the liability of tavern keepers and social hosts serving minors but felt constrained by the precedent set in Kelly v. Gwinnell, which excused social hosts from liability for adult guests’ intoxication. The trial judge concluded that, while he would find sufficient legal grounds for liability, he was bound to follow existing precedent that limited vicarious liability for alcohol consumption. Upon appeal, the Appellate Division noted a significant change in the legal landscape since the trial court's ruling, as the New Jersey Supreme Court had reversed the Kelly decision. The Supreme Court established that a host who serves alcohol to an intoxicated guest, knowing that the guest would be driving, could be held liable for damages resulting from that guest's actions. The Appellate Division clarified that liability should be assessed based on conventional negligence principles concerning foreseeability, rather than the host's status as a commercial or social entity. Consequently, the Appellate Division reversed the trial court's ruling and remanded the case for further proceedings in light of the updated precedent, specifically rejecting the notion that the nature of the alcohol supplier affects liability. The court did not retain jurisdiction and imposed no costs on either party.