Muni-mail – Drunk Driver Can Sue the Bar that Served Him – Voss v. Tranquilino
[06/02/11 – 8:33 am] For the most part, a person who has been convicted of drunk driving or refusal to submit to a breath test is barred from asserting ANY cause of action for personal injuries, pain & suffering or property damage arising out of an accident related to the drunk driving case. This result is mandated by NJSA 39:6A-4.5. However, yesterday, the New Jersey Supreme Court confirmed an Appellate Division decision that carves out an exception to the statute. In Voss v. Tranquilino, the Justices ruled that a convicted, intoxicated driver may maintain a cause of action against the bar that served him alcoholic beverages while he was visibly intoxicated. This cause of action, authorized under New Jersey’s Dram Shop statute is still viable, despite the general prohibition on law suits by convicted drunk drivers.
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