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RHYNER v. MADDEN

188 N.J. Super. 544 (1982)

457 A.2d 1243

BEVERLY RHYNER, PLAINTIFF, v. JOHN MADDEN; H.O.H. INC., T/A THE CARLTON HOUSE; MAPLE NINE CORPORATION, T/A BELOFF'S GREAT BAY TAVERN; ALBERT COMPTON, T/A EYRE HAVEN INN, DEFENDANTS. THOMAS MADDEN AND GERARD MADDEN, PLAINTIFFS, v. JOHN MADDEN; H.O.H. INC., T/A THE CARLTON HOUSE; MAPLE NINE CORPORATION, T/A BELOFF'S GREAT BAY TAVERN; ALBERT COMPTON, T/A EYRE HAVEN INN, DEFENDANTS. CARL E. JAECKEL, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF WARREN JAECKEL, DECEASED, PLAINTIFF, v. JOHN MADDEN; H.O.H. INC., T/A THE CARLTON HOUSE; MAPLE NINE CORPORATION, T/A BELOFF'S GREAT BAY TAVERN; ALBERT COMPTON, T/A EYRE HAVEN INN, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided December 20, 1982.

Attorney(s) appearing for the Case

Harold A. Sherman for plaintiff Beverly Rhyner (Mandel, Wysoker, Sherman, Glassner & Weingartner, attorneys).

Peter B. Van Deventer, Jr., for plaintiffs Thomas and Gerard Madden (Russo, Courtney & Foster, attorneys).

James A. Shafranski for plaintiff Carl E. Jaeckel (F.J. Lutz, attorney).

Joseph P. Rose for defendant John Madden.

Courtland T. Babcock, II for defendant Beloff's Great Bay Tavern (Babcock & Hennes, attorneys).

Donald L. Berlin for defendant Carlton House (Lieb, Berlin & Kaplan, attorneys).

Thomas F. Zborowski for defendant Eyre Haven Inn (Methfessel & Werbel, attorneys).

HAVEY, J.S.C.

The issue raised in this personal injury action is whether plaintiff's negligence, as an affirmative defense, is available to a defendant tavern keeper against a plaintiff passenger of a motor vehicle being operated by a driver who was served alcoholic beverages by the tavern while visibly intoxicated.

On August 17, 1980 plaintiffs Thomas and Gerard Madden were passengers in an automobile being driven by their brother, defendant John Madden....

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