Johnson v. Montgomery

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The ordinary meaning of “person” under Ohio’s Dram Shop Act, Ohio Rev. Code 4399.18, includes not only patrons but also dancers, workers, independent contractors, and others served by the liquor-permit holder.A dancer at a strip club left the club intoxicated and caused an accident. The accident victim filed claims for common-law-negligence and violations of the Dram Shop Act against the club and Michael Ferraro, the sole officer and shareholder of the club. A magistrate directed a verdict in favor of Ferraro as to his personal liability and in favor of the club as to its liability under the Act. The jury returned a verdict in favor of the victim on the negligence claim. The victim appealed the trial court’s judgment directing a verdict for Ferraro on the issue of personal liability. The court of appeals reversed the judgment against the club on the common-law-negligence claim, which rendered moot the question of Ferraro’s personal liability. The Supreme Court affirmed, holding (1) the Act applies to determine the liability of a permit holder who sold intoxicating beverages to an intoxicated worker or independent contractor whose intoxication causes an injury; and (2) because the Act applies, Ferraro and the club may not be held liable under common-law-negligence principles. View "Johnson v. Montgomery" on Justia Law