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"Only When I'm Drunk" Argument Accepted By NJ App Div In Reversing Summary Judgment

October 27, 2009

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In Acri v. Hilton, the Appellate Division reversed summary judgment to several defendants who had served alcohol to the underage plaintiff. The trial court had found that the evidence would not support a finding of proximate cause between plaintiff's intoxication and her accident when she fell off the back of an ATV. On appeal , plaintiff argued that she would not have hopped on the back of the ATV at age 16 unless she was drunk. As proof, she admitted that she had done so on several earlier occaisions, but never when she was sober. The Appellate Division found that the proximate cause issue was a question for the jury.

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