ANTONIA VERNI, AN INFANT, BY HER GUARDIAN AD LITEM, ALBERT BURSTEIN, AND FAZILA BAKSH VERNI, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. HARRY M. STEVENS, INC. OF NEW JERSEY, ARAMARK SERVICES MANAGEMENT OF NEW JERSEY, INC., ARAMARK CORPORATION, AND ARAMARK SPORTS AND ENTERTAINMENT GROUP, INC., DEFENDANTS-APPELLANTS, AND DANIEL R. LANZARO, RONALD A. VERNI, THE NEW JERSEY SPORTS & EXPOSITION AUTHORITY, NEW YORK GIANTS, GIANTS STADIUM, SHAKERS, THE GALLERY, MICHAEL HOLDER, ELRAC, INC. D/B/A ENTERPRISE RENTAL CAR, TOYOTA MOTOR NORTH AMERICA, INC., PAUL SMITH, NATIONAL FOOTBALL LEAGUE, AND PAUL TAGLIABUE-COMMISSIONER, DEFENDANTS., 387 N.J. Super. 160

Summary

Plaintiffs were severely injured when an intoxicated driver collided with their car. Their suit alleged that defendants had served the driver at a football game while he was visibly intoxicated. The court held that the trial judge erred in delaying his ruling on the agency status of the supplier, who supplied personnel to the server, and that the delay allowed the admission of evidence of a "culture of intoxication" at the stadium that was barred in an action under the Act. The error was compounded by the absence of a limiting instruction and an instruction that the inadmissible evidence could be considered as evidence of habit of the service of alcohol at the football stadium. The trial judge also erred by granting plaintiffs' motions to add two corporate entities as defendants at the close of the trial. Further, the damages instruction erroneously advised the jury that it could consider and provide compensation for the minor plaintiff's shortened life expectancy. The orders granting ...