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Too Drunk To Remember Results In Case Dismissed

December 8, 2011

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In <em>Lombardi v. Pat’s Tavern</em>, an unpublished New Jersey appellate decision, the appellate court affirmed a Morris County judge’s dismissal of the complaint based on the plaintiff’s failure to establish the Tavern’s negligence.  The plaintiff alleged that he sustained injuries outside of the Tavern, however he could not recall how such injuries were sustained as he had consumed a few drinks prior to the accident.  As discovery unfolded it remained unclear whether the plaintiff had fallen outside the Tavern or whether he was robbed.  As a result, both the lower court and the appellate court determined that the plaintiff had not put forth sufficient evidence to demonstrate that he had fallen due to negligent property maintenance.
Thanks to Alison Weintraub for her contribution to this post.
<a title="http://www.judiciary.state.nj.us/opinions/a6234-09.pdf" href="http://www.judiciary.state.nj.us/opinions/a6234-09.pdf">http://www.judiciary.state.nj.us/opinions/a6234-09.pdf</a>

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