Prevention of drunk driving has been a paramount concern of New Jersey’s Legislature and courts. In a scholarly unanimous opinion by Justice Barry Albin in Estate of Brandon Tyler Narleski v. Nicholas Gomes (A-9/10-19) (083169)(Sept. 17, 2020), past statutes and cases on the subject were described in detail.

In 1959, the court recognized a common law cause of action against licensed tavern owners who knowingly served alcohol to minors or intoxicated persons who then drove negligently and caused injury to third persons. The Appellate Division later extended that decision and ruled that a homeowner who knowingly served alcohol to an underage guest who then drove negligently could be held liable. The legislature codified a Supreme Court decision which expanded social host liability of an adult for serving alcohol to an obviously intoxicated adult guest by enacting the Social Host Liability Act, N.J.S.A. 2A:15-5 to -5.