Summary Judgment – New York County

Berger v. Wicked Willy’s
In Berger v. Wicked Willy’s, plaintiff sustained severe personal injuries after being struck by a bus while attempting to cross Route 9 in Manalapan, New Jersey. Plaintiff alleged that Wicked Willy’s, a New York establishment, was negligent and in violation of New York’s Dram Shop provision in serving alcohol to the plaintiff when he was visibly intoxicated.

In lieu of filing an answer to the complaint, Wendy Jennings moved to dismiss on the basis that plaintiff was barred from maintaining a first party action seeking damages for personal injuries sustained to his person as a result of his own voluntary intoxication under New York law. It was argued that, taking all facts alleged in plaintiff’s complaint as true, plaintiff was precluded from seeking damages for any injuries sustained in New Jersey because the cause of action accrued in New York and New York law expressly bars recovery of damages for personal injuries sustained as a result of their own intoxication. Judge Billings agreed and granted Ms. Jennings motion to dismiss.