Simmons v. Homatas

Bring-your-own alcohol strip club ejected customer and his passenger after he became ill and intoxicated upon drinking rum and vodka he brought with him to club. Club personnel brought driver's car around, opened driver's side door, and told them to leave. Fifteen minutes later, driver was in collision, killing his passenger and also other vehicle's passenger and her unborn child. Under these facts, Dramshop Act does not preempt common law claims of Plaintiffs and does not preclude imposing duty of care on Defendant strip club owner for affirmatively assisting drunken driver in driving while intoxicated, as supported by Restatement (Second) of Torts.