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12/03/75 GUITAR v. BIENIEK

December 3, 1975

GUITAR
v.
BIENIEK



Appeal from Macomb, Walter P. Cynar, J.

Leave to appeal applied for.

Quinn, P. J., and R. B. Burns and D. E. Holbrook, Jr., JJ.

SYLLABUS BY THE COURT

1. Intoxicating Liquors -- Statutes -- Dramshop Act -- Construction.

The dramshop act is remedial in nature and it should be construed liberally (MCLA 436.22; MSA 18.993).

2. Intoxicating Liquors -- Statutes -- Dramshop Act -- Application.

Application of the dramshop statute is limited to unlawful transactions, i.e., selling, giving or furnishing alcohol to a visibly intoxicated person (MCLA 436.22; MSA 18.993).

3. Intoxicating Liquors -- Statutes -- Dramshop Act -- Persons Contemplated.

All "persons" who actively participate in providing alcoholic beverages for a commercial remuneration are encompassed in a proper liberal construction of the dramshop act.

The opinion of the court was delivered by: Burns

Complaints by Jacqueline L. Guitar, administratrix of the estate of James D. Guitar, deceased, George L. Giasson, Sr., for himself and as administrator of the estate of George L. Giasson, Jr., deceased, Lorell Giasson, Fred Victory, for himself and as administrator of the estate of Shelly D. Victory, deceased, Rick Victory, a minor, by his next friend, Fred Victory, and Robert and Wilbert Frohriep against Patrick A. and Lillian Bieniek, Alcamo's Holiday House and Alcamo's Hall, Inc., for damages for injuries resulting from an automobile accident and for damages under the dramshop act. Summary judgment for defendants Alcamo's Holiday House and Alcamo's Hall, Inc. Plaintiffs appeal.

Plaintiffs appeal from a summary judgment of dismissal entered on behalf of defendants Alcamo's Holiday House and Alcamo's Hall, Inc. We reverse.

Alcamo's Holiday House is a rental hall located in Mount Clemens, Michigan. On the evening of June 11, 1971, a private wedding reception was held at the hall. Defendants Patrick and Lillian Bieniek were guests at the reception, and Patrick Bieniek consumed a certain amount of alcoholic beverages at the reception. It was after leaving the reception that Bieniek, in the early morning hours of June 12, drove his automobile broadside into another resulting in the deaths of the respective plaintiffs' three decedents and the serious injury to plaintiff Frohriep.

The lease of the hall provided that alcoholic beverages were not to be sold on the premises unless the necessary licenses were obtained by the lessees. The alcoholic beverages consumed at the reception were privately provided by the celebrants, with the exception of keg beer that was obtained through Alcamo's at retail cost plus a fee for handling, tapping ...


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