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Kelly v. Gwinnell

New Jersey Supreme Court
476 A.2d 1219 (N.J. 1984)


The Zaks served Gwinnell (defendants) two or three drinks of scotch, knowing that Gwinnell had to drive himself home. Gwinnell was visibly intoxicated when he left. On his way home, Gwinnell caused a car accident with Marie Kelly (plaintiff), causing Kelly serious injury. Kelly brought suit against the Zaks (as well as Gwinnell). The trial court granted the Zaks’ motion for summary judgment and the appellate court affirmed. Kelly appealed.

Rule of Law


Holding and Reasoning (Wilentz, C.J.)

Dissent (Garibaldi, J.)

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