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McGOVERN v. KOZA'S BAR & GRILL

254 N.J. Super. 723 (1991)

604 A.2d 226

JOANNE E. MCGOVERN, PLAINTIFFS, v. KOZA'S BAR & GRILL, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided December 6, 1991.

Attorney(s) appearing for the Case

Robert J. Jeney, Jr. (Snevily, Ely, Williams & Gurrieri), for plaintiff.

John J. Rizzo, (Grossman & Kruttschnitt, P.C.), for defendant.

MENZA, J.S.C.

This is a dram shop action.

Plaintiff has moved to strike defendant's comparative negligence defense.

The question presented is whether the comparative negligence defense is available under the Alcoholic Beverage Servers Liability Act (N.J.S.A. 2A:22A-1 et seq.), to a tavern owner against whom a patron has brought suit for injuries she suffered as a result of her being intoxicated.

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