Schramm v. 3258 S. Wells St. Restaurant, LLC

Illinois Appellate Court
Civil Court
Dram Shop Act
Citation
Case Number: 
2024 IL App (1st) 231424
Decision Date: 
Wednesday, January 31, 2024
District: 
1st Dist.
Division/County: 
3d Div./Cook Co.
Holding: 
Affirmed.
Justice: 
VAN TINE

Plaintiff filed a wrongful death lawsuit alleging various theories of tort liability on behalf of a decedent who died after falling and sustaining a head injury when he became intoxicated at work. The trial court dismissed the complaint under section 2-615 by finding that the Dram Shop Act was the exclusive remedy for the allegations contained in the complaint and plaintiff appealed. The appellate court affirmed, finding that the common-law theories contained in the complaint were preempted by the Dram Shop Act as the exclusive remedy for causes of action stemming from the provision of alcohol. (REYES and LAMPKIN, concurring)