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Moran v. McNew

Michigan Court of Appeals
Nov 22, 1982
134 Mich. App. 764 (Mich. Ct. App. 1982)

Summary

In Moran v McNew, 134 Mich. App. 764; 351 N.W.2d 881 (1982), lv den 418 Mich. 905 (1984), another panel of this Court reached the opposite conclusion.

Summary of this case from Davis v. Ptak

Opinion

Docket No. 56468.

Decided November 22, 1982.

Shanahan Scheid (by Clark Shanahan), for plaintiffs.

McGraw Borchard, P.C. (by Stephan M. Gaus), for David L. McNew and Norman Mesack, doing business as Long Lake Bar.

Smith Brooker, P.C. (by Harry P. Gill and Mona C. Doyle), for Mary Tepass, doing business as Whispering Pines Bar.

Before: R.B. BURNS, P.J., and D.F. WALSH and P.J. MARUTIAK, JJ.

Circuit judge, sitting on the Court of Appeals by assignment.


On February 13, 1981, the trial court entered an order granting summary judgment in favor of defendants David L. McNew and Norman Mesack, doing business as Long Lake Bar and a judgment of no cause of action in favor of defendant Mary Tepass, doing business as Whispering Pines Bar. Plaintiffs have appealed as of right.

The Michigan Liquor Control Act provisions relating to lawsuits against bar owners or other sellers of intoxicants, "dramshop actions", are an exclusive remedy in this state. There is no common-law dramshop remedy. Browder v International Fidelity Ins Co, 413 Mich. 603, 613; 321 N.W.2d 668 (1982).

Moreover, the provision of MCL 436.22; MSA 18.993, mandating that "the minor or the alleged intoxicated person" be named as a defendant in the action, is mandatory and apparently without exception. Putney v Haskins, 414 Mich. 181, 189-190; 324 N.W.2d 729 (1982).

Affirmed.


Summaries of

Moran v. McNew

Michigan Court of Appeals
Nov 22, 1982
134 Mich. App. 764 (Mich. Ct. App. 1982)

In Moran v McNew, 134 Mich. App. 764; 351 N.W.2d 881 (1982), lv den 418 Mich. 905 (1984), another panel of this Court reached the opposite conclusion.

Summary of this case from Davis v. Ptak

In Moran, the parents of a minor, who had purchased alcohol in a bar and was injured in an accident, sued the bar without naming their son as a defendant.

Summary of this case from Davis v. Ptak
Case details for

Moran v. McNew

Case Details

Full title:MORAN v McNEW

Court:Michigan Court of Appeals

Date published: Nov 22, 1982

Citations

134 Mich. App. 764 (Mich. Ct. App. 1982)
351 N.W.2d 881

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Scholten, Luberski, and Newman, supra. See contra Moran v McNew, 134 Mich. App. 764; 351 N.W.2d 881 (1982),…

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