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Kelly v. Gwinnell | 476 A.2d 1219 (1984)
The big game’s about to begin, and you have food and alcoholic drinks all set up. When your guests arrive and start drinking, what responsibility do you have to keep an eye on them? The Supreme Court of New Jersey considered that question in the 1984 case of Kelly versus Gwinnell.
Donald Gwinnell drove Joseph Zak home from work, whereupon Zak invited Gwinnell to come in. Zak later testified that over the course of an hour or two, Zak and his wife served Gwinnell two to three scotches on the rocks. Zak further claimed that when he walked Gwinnell out to his car, Gwinnell appeared unimpaired. But while driving home, Gwinnell got into a head-on collision with Marie Kelly, severely injuring her. A blood test revealed Gwinnell’s blood-alcohol concentration was 0.286 percent, nearly three times the then-legal limit. An expert witness testified that Gwinnell must’ve consumed approximately thirteen scotches and would’ve been clearly intoxicated when he drove away from the Zak residence.
Kelly sued Gwinnell and the Zaks. The trial court granted the Zaks summary judgment, ruling that a social host isn’t liable for the negligence of an adult guest who’s become intoxicated at the host’s home. The Appellate Division affirmed, and the Supreme Court of New Jersey agreed to hear the case.
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