SHAY v. JohnKAL, INC

Levin and Boyle, JJ.

The question presented is whether the "name and retain” provision of the dramshop act bars continued maintenance of a dramshop action where the "allegedly intoxicated person” has been dismissed from the action because the plaintiff and the allegedly intoxicated person accepted a court-ordered mediation award.

We hold that the "name and retain” provision *397does not, in such a case, bar continued maintenance of a dramshop action.

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Timothy and Rosemary Shay were injured when an automobile he was driving and in which she was riding as a passenger was struck by a vehicle being…