Kelly v. Gwinnell–“The New Jersey (Minority) Rule for Social Host Liability”

December 10, 2018

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 96 N.J. 5382 476 A.2d 12193   Marie E. KELLY, Plaintiff-Appellant, v. Donald C. GWINNELL and Paragon Corp., Defendants-Appellants, and Joseph J. Zak and Catherine Zak, Defendants-Respondents. 4 Supreme Court of New Jersey.5 Argued Feb. 21, 1984. Decided June 27, 1984.6 [476 A.2d 1220] [96 N.J. 540] Nicholas G.…

Intoxication – Not a Bar to Worker’s Compensation Benefits in New Jersey

November 9, 2016

Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. This morning New Jersey’s Appellate Division handed down a decision in Antonio Diaz v. National Retail Transportation, Inc., stating an employee can be entitled to Worker’s Compensation benefits even if the employee is intoxicated at the time of injury.  In Diaz, a mechanic was injured on…