[Download] "Mcdonald v. Risch" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mcdonald v. Risch
- Author : Supreme Court of Illinois
- Release Date : January 22, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The principal question presented by this appeal is whether a tavern operator can be held liable in a "by" theory under the
Illinois Liquor Control Act for "an injury resulting from the direct affirmative act of an intoxicated person" (Hernandez
v. Diaz, 31 Ill.2d 393, 397) when the act of the intoxicated person is not tortious. John McDonald, a 19-year-old, by Ellis McDonald, his brother and next friend, brought this action in the circuit court of
Winnebago County to recover damages for injuries he received when an automobile driven by Charles Risch struck him. Count
I of the complaint was a common-law negligence action against Risch and count II was a statutory dramshop action against Park
Knight's Club, Inc. A jury found for both defendants and in response to a special interrogatory found that Risch was not guilty
of negligence which proximately caused or contributed to cause plaintiff's injury. Judgment was entered on the verdict, but
after a hearing on plaintiff's post-trial motion, the court ordered a new trial only as to Park Knight's Club. Leave to appeal
from this order was granted as to that defendant and the Appellate Court affirmed. (90 Ill. App.2d 445.) We thereafter granted
leave to appeal.