Flomerfelt v. Cardiello, A-4 September Term 2009; Supreme Court; opinion by Hoens, J.; concurrence by LaVecchia, J.; decided July 7, 2010. On appeal from the Appellate Division. [Sat below: Judges Fuentes, Gilroy and Chambers in the Appellate Division; Judge Ciccone in the Law Division.] DDS No. 23-1-8506 [47 pp.]

Plaintiff Wendy Flomerfelt sustained temporary and permanent injuries after she overdosed on alcohol and drugs during a party hosted by defendant Matthew Cardiello at his parents’ home. Plaintiff has little recollection of what she drank or ingested either before she arrived or during the party itself. Her complaint, however, asserted that her injuries were caused by defendant, who provided her with drugs and alcohol, served her alcohol when she was visibly intoxicated, and failed to promptly summon the rescue squad when she was found, unconscious, on the porch the next day.