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Torts Keyed to Duncan
Kelly v. Gwinnell
Citation:96 N.J. 538, 476 A.2d 1219 (1984)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Donald Gwinnell spent an hour or two in the Zaks (defendants) home before driving home. On the way home he caused a car accident, seriously injuring Marie Kelly (plaintiff). The plaintiff sued Gwinnell and the defendants. Gwinnell was seriously intoxicated at the time of the accident and the plaintiff’s expert concluded that he must have been showing signs of intoxication when he left the defendants’ home. The defendants moved for summary judgment on the grounds that a host could not be liable for the negligence of an adult social guest.
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