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. PtakOpinion
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.
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.