Steele v. Kerrigan

In Steele v. Kerrigan, 148 N.J. 1, 35, 689 A.2d 685 (1997) Steele, a tavern patron, was assaulted by an underage patron who had been served alcohol by the tavern. Id. at 7, 689 A.2d 685. Steele's claims against the bar owner and the underage patron were based on common law negligence as well as the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act, N.J.S.A. 2A:22A-1 to -7. Id. at 7-8, 689 A.2d 685. In Steele, the Court found that responsibility for plaintiff's assault was to be apportioned between the intentional tortfeasor and a defendant charged with negligent supervision of the premises. Steele, supra, 148 N.J. at 10-15, 689 A.2d 685. The Court once again specifically noted its unwillingness to follow case law from other jurisdictions that declined to compare fault between negligent and intentional tortfeasors. Id. at 12, 689 A.2d 685. The "Court noted that those cases were generally decided under contributory negligence regimes and were therefore aimed at circumventing the harsh effects of a complete bar to recovery." Ibid. The Court reiterated its observation that "refusal to compare the negligence of a plaintiff whose percentage of fault is no more than fifty percent with the fault of intentional tortfeasors is difficult to justify under a comparative-fault system in which that plaintiff's recovery can be only diminished, not barred." Ibid.