McIsaac v. Monte Carlo Club, Inc.

I agree with the majority in its affirmance of the summary judgment against Sheila McIsaac's claim, but I dissent from the majority's reversal as to John Paul Howard's claim.

I agree with Judge Robert G. Kendall, the trial judge, that the doctrine of complicity is a judicially created exception to liability under the Dram Shop Act and that it should be adopted in Alabama. The doctrine of complicity is also referred to as the "non-innocent party doctrine" in Craig v. Larson, 432 Mich. 346, 439 N.W.2d 899 (1989). We have applied this doctrine, without naming it, by holding that "the intoxicated…