Voss v. Tranquilino, et al. (A-110-09), the New Jersey Supreme Court decided the issue, “whether an individual who was convicted of or pled guilty to driving while intoxicated(DWI) in connection with a motor vehicle accident is barred from pursuing a dram shop claim against a liquor licensee that, prior to the accident, allegedly served the visibly-intoxicated driver alcoholic beverages.” The Court held, the bar to litigation in N.J.S.A. 39:6A-4.5(b) can coexist with the Dram Shop Act’s deterrence and liability-imposing principles. An intoxicated person is deterred from driving drunk by losing the right to sue under Title 39 for insurance coverage for his economic or non-economic damages. However, a convicted drunk driver is permitted to file an action against a liquor establishment and its servers for serving him/her.
