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GEHERTY v. MOORE

238 N.J. Super. 463 (1990)

570 A.2d 29

THEODORE J. GEHERTY, PLAINTIFF-APPELLANT, AND CROSS-RESPONDENT, v. RICHARD J. MOORE, DEFENDANT-RESPONDENT, AND JOHN DOE BEING A PERSON OR OTHER ENTITY TRADING AS MCGUINN'S PLACE, DEFENDANT-RESPONDENT, AND CROSS-APPELLANT, AND RICHARD ROE NUMBER 1 THROUGH RICHARD ROE NUMBER 10, BEING PERSONS OR ENTITIES CONSTITUTING THE EMPLOYER, MASTER, PARTNER, OR OTHER PRINCIPAL OR PRINCIPALS OF DEFENDANT, RICHARD J. MOORE, AND ALSO CONSTITUTING THE PERSONS OR ENTITIES PROVIDING RICHARD J. MOORE WITH ALCOHOLIC BEVERAGES OR OTHER INTOXICANTS ON OR ABOUT APRIL 22, 1983, AND NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 1990.

Attorney(s) appearing for the Case

Lowell F. Curran, Jr., argued the cause for appellant.

Lois Ann Wood argued the cause for respondent Richard Moore (Lewis and Wood, attorneys, Lois Ann Wood, on the brief).

C. Woodward Strong argued the cause for respondent, cross-appellant McGuinn's Place, Inc., (Smith, Stratton, Wise, Heher & Brennan, attorneys, Peter R. Freed, of counsel, C. Woodward Strong, on the brief).

Before Judges DREIER, SCALERA and D'ANNUNZIO.

The opinion of the court was delivered by SCALERA, J.A.D.

Theodore Geherty brought suit against Richard Moore and McGuinn's Place, Inc., for personal injuries sustained when his parked vehicle was negligently struck by Moore's vehicle. Geherty alleged that Moore was intoxicated at the time and that prior thereto, he negligently had been served alcoholic beverages by McGuinn's Place.

Summary judgment was entered against Moore on the issue of liability. Thereafter...

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