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Cockerill, Craig & Moore, LLC | Attorneys At Law
856-429-1060
  • Home
  • About
    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
    • Wins & Successes
  • Family Law
    • Alimony
    • Child Support
    • Child Custody And Visitation
    • Divorce
    • Domestic Violence
    • Fertility And Assisted Reproductive Law
    • Prenuptial Agreements
  • Civil Litigation
    • Consumer Protection
    • Mold & Construction Defect Claims
    • Employment Law
    • Employer Consulting And Litigation
    • Litigation & Defense
    • Tort Claims Public Entity Defense
  • Personal Injury
    • Auto Accidents
    • Motorcycle Accidents
    • Trucking Accidents
    • Pedestrian and Bicycle Accidents
    • Premises Liability Claims / Slip – And – Fall Accidents
    • Dog Bites / Animal Attacks
    • Catastrophic And Disabling Injuries
    • Wrongful Death
  • Blog
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CASE NOTES – COMMENTARY ON NEW DECISIONS

On Behalf of Cockerill, Craig & Moore, LLC | Jun 7, 2013 | Firm News |

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There is a newly published case in New Jersey reversing a summary judgment granted to the dram shop defendant where the trial court erred in holding that the absence of eyewitness testimony that the driver was served while visibly intoxicated was fatal to the dram shop claim. Halvorsen et al; v. Villamil, Delgado, Metz and Associates, Ltd. et al; (App. Div. 2013) decided March 6, 2013. It is useful as a summary of New Jersey law regarding the proof of liability under New Jersey’s dram shop law when there is no direct testimony that the intoxicated driver was served after he presented signs of intoxication that did, or should have, alerted the server that he was visibly intoxicated and should not have been served. N.J.S.A. 2A:22A-5(b). The Appellate Division based its determination on the absence of an eyewitness requirement in the statutory language [A licensed alcoholic beverage server shall be deemed to have been negligent only when the server served a visibly intoxicated person….], and the New Jersey Supreme Court’s discussion in Mazzacano v. Estate of Kinnerman, 197 N.J. 307 (2009) which had held that expert testimony, by itself could have been enough to take the issue of the intoxicated driver’s condition when served to the jury. [Mazzacano was actually a self-serve situation where a social club made beer available and guests served themselves from a tap.] The facts are particularly well-suited to the extrapolation theory of the plaintiff’s proofs in that the intoxicated driver, although inconsistent in his statements about when he started drinking, did not waver at all in his testimony that he did not consume alcoholic beverages at any location other than the TGI Fridays in question either before or after he was there. The time that he left TGI Fridays was also consistently described and it was a very short time prior to the accident. Additional factual elements included the driver’s erratic operation of his vehicle, the odor of alcohol on his breath, and his claims of painlessness despite significant head injuries. Holding that a fact may be proved by both direct and circumstantial evidence, the Appellate Division found a sufficient basis for a jury to conclude that the driver was visibly intoxicated when served at TGI Fridays. The accident occurred at 9:00 p.m., the driver testified that he left the restaurant twenty to thirty minutes earlier, a blood sample drawn at 10:32 – approximately two hours after the driver would have stopped drinking – yielded a .278 alcohol concentration result. The former NJSP alcohol expert, Richard Saferstein, testifying for the plaintiffs, [two adults and three children riding in a pick up truck overturned by the intoxicated driver striking it from behind as it slowed for a turn] opined that in order to yield this reading – given the driver’s height and weight – he would have to have been over .10 percent while he was still being served at TGI Fridays. Prior cases which lacked the same factual predicate in that the intoxicated driver did not know how many drinks he had at each bar, when he left, or whether he even visited a second bar – Riley v. Keenan, 406 N.J. Super 281(App. Div.) certif. denied, 200 N.J.207 (2009) or when the extrapolation calculation placed the driver’s last drink at a time after last call – Salemke v. Sarvetnick, 352 N.J. Super. 319 (App. Div.) certif. denied, 175 N.J. 77 (2002), were distinguished on their facts.

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To learn how we can help you protect your rights and interests, contact the results-driven Haddonfield litigation attorneys at CockerillCraigMoore Law at 856-429-1060, or fill out our online intake form.

Should you worry about fractured skull injuries in the long term?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 30, 2021 | Motor Vehicle Accidents

When involved in a crash, you face the possibility of injuries that can have short and long-term impacts on your health. Your head, neck and back are the most likely to suffer from these damages. In particular, head injuries often give cause for concern. If you end up...

Bicycle Riders – Governor Murphy Signed Safe Passing Requirements into Law

On Behalf of Cockerill, Craig & Moore, LLC | Aug 17, 2021 | Motor Vehicle Accidents, Personal Injury

Between the pandemic, gas prices, and a desire for healthy exercise, bicycle traffic has increased in New Jersey and throughout the country.  Now New Jersey has joined 42 other states in mandating that drivers give bicyclists more room when passing – or face penalties...

Egg Harbor crash kills two, injures two others

On Behalf of Cockerill, Craig & Moore, LLC | Aug 16, 2021 | Motor Vehicle Accidents

Most people in New Jersey take to the state's roads and highways expecting that the other motorists they encounter care as much about accident avoidance as they do. While that assumption often proves true, there are those instances where one encounters an...

Commercial vehicle accidents and operator fault

On Behalf of Cockerill, Craig & Moore, LLC | Aug 2, 2021 | Commercial Vehicle Accidents

The Federal Motor Carrier Safety Administration mandates that commercial truck drivers use an electronic logging device. As noted by FreightWaves, instead of tracking their road hours on a paper log, an ELD records the information for drivers and stores it...

What are some sources of animal bite injuries?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 19, 2021 | Animal Bites

Although some animals seem harmless at first, their bites may carry a variety of diseases and can even cause serious physical injury. Learning more about why these wounds make people ill or injured can help you understand what to do next. Disturbed resting areas...

What are signs of brain trauma?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 1, 2021 | Personal Injury

After a shocking accident, you may notice signs of a worse issue happening with your brain and skull. Traumatic brain injuries can happen suddenly and affect every aspect of your life. Detecting the early signs of this problem will help you prevent further health...

What is premises liability?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 30, 2021 | Personal Injury

You do not want to consider the prospect of an injury while out and about, but the reality is, there is always a chance. However, what makes an incident qualify under premises liability versus an unfortunate accident? Premises liability covers incidents that happen on...

5 of the Most Common Types of Cases to Appear in Civil Court

On Behalf of Cockerill, Craig & Moore, LLC | Jun 25, 2021 | Uncategorized

The civil court system is available to resolve conflicts between individuals, businesses and organizations. Craig Annin & Baxter’s Woodbury NJ civil law attorneys have expertise in helping their clients find the justice they deserve. Anyone considering legal...

APPELLATE DIVISION UPHOLDS MULTI-MILLION DOLLAR JUDGMENT IN MMA FIGHTER’S SHED RX CONTAMINATION CASE.

by johngrady | Jun 24, 2021 | Firm News

Cockerill, Craig & Moore, LLC partner Jeffrey S. Craig worked with Howard Jacobs to vindicate and obtain compensation for Yoel Romero whose rise in MMC rankings was detoured by contamination of a Gold Star supplement he took as part of his training regimen. Gold Star’s SHED RX product was contaminated with a banned substance causing Romero to fail a screening. Finding that Gold Star violated New Jersey’s Consumer Fraud Act a trial court awarded a multi-million dollar judgment. The Appellate Division reviewed the judgment and upheld the trial court in part, modified one aspect of the judgment, and remanded a third category of damages for further consideration. The modified award now totals $12,450,000 with the potential for that to be increased to compensate Romero for harm to his reputation. Yoel Romero v. Gold Star Distribution, LLC d/b/a Gold Star Performance Products, A-0379-20 New Jersey Superior Court, Appellate Division decided June 24, 2020.

What leads to a slip and fall injury?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 10, 2021 | Premises Liability

Not only can slip and fall injuries leave you with severe head and spine complications, but you can also struggle to know who was at fault. Knowing how these incidents happen is important for anyone struggling to recover after a fall. Unsafe conditions According to...

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