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Tuesday, January 27, 2009

1-22-09 Mazzacano v. Happy Hour Social and Athletic Club of

The New Jersey Licensed Alcoholic Beverage Server Fair Liability Act permits a finding of liability when a licensed alcoholic beverage server allows a patron to become visibly intoxicated through the self-service of alcohol at a party. However, the
Act does not impose a separate duty to monitor alcohol ingestion or define negligence as the failure to monitor, and the Court
declines to impose a monitoring duty that is not set forth in the Act. In this civil action arising from the deaths of partyattendees
who were riding in a car driven by another attendee who became intoxicated at the party through the self-service of alcohol, there was sufficient evidence in the record to support the jury’s verdict that the server did not negligently provide alcohol to the driver when he was visibly intoxicated.