30th July 2010
State insurance law bars them from bringing personal injury claims against other drivers, but the court has never ruled on whether that statute takes precedence over the dram shop act, which makes liquor establishments liable for serving visibly intoxicated patrons.
In April, the Appellate Division held that it does not, finding no intent by the Legislature to immunize tavern owners — and strong public policy reasons against such a result.
The headline says it all. I love the way courts feel entitled to decide what ‘public policy’ is; foolish me, I thought that was the job of the legislature.
Pretty soon the only bars in New Jersey will be fronts for the Mafia, because nobody would be so foolish as to sue them.