Bauer v. Nesbitt, A-16 September Term 2008; Supreme Court; opinion by Albin, J.; decided May 7, 2009. On certification to the Appellate Division, 399 N.J. Super. 71 (App. Div. 2008). [Sat below: Judges Axelrad, Payne and Sapp-Peterson in the Appellate Division; Judge Visalli in the Law Division.] DDS No. 47-1-xxxx [25 pp.]
In this wrongful-death action arising from the death of James Allen Hamby, who was a passenger in a car driven by an intoxicated underage driver, the Court considers whether the establishment that served liquor to Hamby had a duty under the common law or the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act (Dram Shop Act) to monitor the driver’s appearance even though it did not serve him alcohol.
