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GIBSON v. FOAKES

212 N.J. Super. 709 (1986)

515 A.2d 1314

RITA F. GIBSON, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF STEPHEN C. GIBSON, PLAINTIFF, v. CHARLES P. FOAKES; RALLEN, INC., A NEW JERSEY CORPORATION, T/A BOBBY'S LOUNGE; ROBERT E. ALLEN; RITA BANKS; RICHARD ROE, INC. (FICTITIOUS); JOHN DOE (FICTITIOUS NAME); AND MR. AND/OR MRS. TAYLOR (FIRST NAME UNKNOWN), DEFENDANTS. MICHELLE NEMITZ, GENERAL ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF RUTH M. BORRELL, DECEASED; CRAIG KOCIENSKI AND KATHY KOCIENSKI, PLAINTIFFS, v. CHARLES P. FOAKES; RALLEN, INC., A NEW JERSEY CORPORATION, T/A BOBBY'S LOUNGE; ROBERT E. ALLEN; RITA BANKS; RITA F. GIBSON, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF STEVEN C. GIBSON; THE ESTATE OF STEVEN C. GIBSON; WILLIAM H. TAYLOR, JR., A/K/A ROBERT TAYLOR AND MS. TAYLOR (FIRST NAME UNKNOWN); JAMES SMITH (A FICTITIOUS NAME); JOHN DOE (A FICTITIOUS NAME); AND RICHARD ROE, INC., A CORPORATION (A FICTITIOUS NAME), DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided July 2, 1986.

Attorney(s) appearing for the Case

Brian V. Lucianna for plaintiff Gibson (Poplar & Florio, attorneys).

Nicholas J. Costa for plaintiffs Nemitz, Craig Kocienski and Kathy Kocienski (Barbour & Costa, attorneys).

George A. Prutting, Jr. for defendants Gibson and Estate of Steven C. Gibson (Fratto, Little, Alessi & Abbott, attorneys).

Daniel A. Bernardin for defendant Foakes (Michael G. Brennan, attorney).

Robert J. Sandkuhler for defendants Taylor (Moss, Powers & Lezenby, attorneys).

GOTTLIEB, J.S.C.

This motion for summary judgment requires the court to explore the boundaries of responsibility of a social host under Kelly v. Gwinnell, 96 N.J. 538 (1984). While there are facts at issue, those factual disputes are not material to a resolution of the motion, and the court, therefore, may act. R. 4:46-2. The undisputed facts which are of consequence to the motion are as follows.

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