Dismissal - Dram Shop Act and Impaired Minor Act June 2012
Lori A. Vanderlaan and Kimberlee Massin
Plaintiff’s original complaint alleged a dram shop cause of action against a liquor store, but it was not filed within the one year condition precedent for actions under the Dram Shop Act. A Motion to Dismiss was filed and Plaintiff filed an amended complaint, abandoning the previously filed Dram Shop Act claim and instead alleging a negligence claim pursuant to the Drug and Alcohol Impaired Minor Responsibility Act (“Impaired Minor Act”). Another Motion to Dismiss was filed on the basis the Impaired Minor Act specifically precludes dram shops from liability for those types of actions and the Dram Shop Act is the exclusive remedy for alcohol related liability. The neglignece claim (and therefore the entire case) was dismissed with prejudice and Plaintiff did not appeal.