Billi v. Moyse-Morgan Ents. Inc.
2013 Ohio 1214
Ohio Ct. App.2013Background
- In July 2009, Billi at Pheasant Run Inn; she danced on a plastic table and reportedly caused it to crack.
- Accounts differ: MacAtee testifies the table broke and he helped Billi down, while Whitacre claims MacAtee attacked the table while helping Billi down.
- Billi alleges bar staff continued serving MacAtee despite intoxication, resulting in injury to Billi when the table allegedly flipped.
- Plaintiff sued Moyse-Morgan Enterprises, Inc. (owner of Pheasant Run Inn), GJ2K, Inc. (liquor permit holder), and John Doe parties; a Dram Shop claim was asserted.
- Moyse-Morgan moved for summary judgment on ownership; court granted a joint summary judgment to named defendants, without addressing John Does.
- On appeal, the Ninth District holds some issues for remand; the case was affirmed in part, reversed in part, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Negligence claims vs. Dram Shop liability | Billi contends genuine issues of material fact on negligence. | R.C. 4399.18 provides sole liability for liquor permit holders. | Negligence claims judgment affirmed; Dram Shop Act controls liability. |
| Dram Shop Act viability given evidence | Billi asserts facts show bar knew or should have known of intoxication and continued serving. | Evidence insufficient or improperly relied on; no liability under Dram Shop Act. | Dram Shop claim issue of material fact exists; judgment reversed and remanded. |
Key Cases Cited
- Lesnau v. Andate Enterprises, Inc., 93 Ohio St.3d 467 (2001) (Dram Shop standards and liability limits)
- Jackson v. Walker, 2006-Ohio-4351 (9th Dist. 2006) (Dram Shop Act liability as sole basis for certain claims)
- Diquattro v. Stellar Group, Inc., 2005-Ohio-6457 (9th Dist. 2005) (Dram Shop Act limitations and applicability)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (Dresher: summary judgment framework and burden shifting)
- Thomas v. 4-K Transport, 2006-Ohio-5426 (9th Dist. 2006) (Civ.R. 56 burden and evidentiary standards)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (Summary judgment standard and evidentiary review)