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KELLY v. GWINNELL

190 N.J. Super. 320 (1983)

463 A.2d 387

MARIE E. KELLY, PLAINTIFF-APPELLANT, v. DONALD C. GWINNELL AND PARAGON CORP., DEFENDANTS-APPELLANTS, AND JOSEPH J. ZAK AND CATHERINE ZAK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1983.

Attorney(s) appearing for the Case

Michael D. Schottland argued the cause for appellant Kelly (Chamlin, Schottland, Rosen, Cavanagh & Uliano, attorneys; Michael D. Schottland and Dorothy L. Argyros, on the brief).

John P. Duggan argued the cause for appellants Donald C. Gwinnell and Paragon Corp. (Wolff, Helies & Duggan, attorneys; Francis H. Wolff, on the brief).

George N. Arvanitis argued the cause for respondents Zaks (Carton, Nary, Witt & Arvanitis, attorneys; George N. Arvanitis, of counsel, and Jamie S. Perri, on the brief).

Before Judges ARD, KING and McELROY.

PER CURIAM.

This is a joint appeal which arose from the grant of summary judgment in favor of Joseph and Catherine Zak. Appellants seek reversal of the trial judge's determination that the Zaks, as social hosts, owed no duty to appellants.

Defendant Donald Gwinnell, a painting contractor, left his home at approximately 5:15 p.m. to assist Joseph Zak, a subcontractor, whose truck was mired in mud. Their efforts were unsuccessful so Gwinnell drove Zak home....

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