(DOWNLOAD) "In Re Marriage of Hofstetter" by Illinois Appellate Court — First District (4Th Division) Judgment Affirmed " eBook PDF Kindle ePub Free
eBook details
- Title: In Re Marriage of Hofstetter
- Author : Illinois Appellate Court — First District (4Th Division) Judgment Affirmed
- Release Date : January 25, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The plaintiff Ricky Ruth appeals from the dismissal of complaint, seeking compensatory damages for the defendant Dario Benvenuttis alleged wilful, wanton, and intentional misconduct in serving him alcoholic beverages. The trial court dismissed Ruths complaint, finding it insufficient at law to state a cause of action. Plaintiff Ruths action was premised upon a common law action for wilful and wanton misconduct, and not upon the Dramshop Act. (Ill. Rev. Stat. 1981, ch. 43, par. 94 et seq.) The question on appeal is whether in Illinois there is a common law cause of action for the wilful, wanton and intentional misconduct of a tavern owner who sells intoxicating liquors to a minor, knowing him to be a minor and to be particularly susceptible to the effects of alcohol.