Walter v. Carriage House Hotels, Ltd.

I agree with the lead opinion except for its suggestions that the complicity doctrine "lack[s] *** a clear analytical basis,” is "difficult to discern” from contributory negligence, is difficult to apply, and "may be inconsistent with [the Dramshop Act].” (164 Ill. 2d at 89, 93.) These criticisms, although mere dicta, are unwarranted for the reasons explained below.

First, this court in Nelson v. Araiza (1978), 69 Ill. 2d 534, articulated the history of the Dramshop Act and the basis for the complicity doctrine. The original Dram-shop Act of 1872 was a product of the temperance movement and…