Legal Opinion

Salas v. Clements

Michigan Supreme Court

Decided December 27, 1976No. 56624, (Calendar No. 1)PublishedCited by 103 opinions

1Opinion of the CourtWilliams, J.

The issue in this case is whether plaintiffs, who claim they do not know the identity *106of an alleged intoxicated person who injured them, are barred from maintaining a cause of action under the Michigan dramshop act, because they did not "name and retain” the alleged intoxicated person as defendant as required by the "name and retain” amendment to the act.

We hold that the "name and retain” amendment only applies to those injured plaintiffs who know the identity of the intoxicated person. Accordingly, we reverse the Court of Appeals and the trial court and remand to the trial court for…

2Cases cited7 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. Pacific Insurance Co., Ltd. v. Oregon Auto. Ins. Co.Hawaii Supreme Court · 1971
  3. Attorney General v. Detroit United RailwayMichigan Supreme Court · 1920
  4. In Re Petition of State Highway CommissionMichigan Supreme Court · 1970
  5. Flower v. WitkovskyMichigan Supreme Court · 1888

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3Cited by103 opinions

  1. DiBenedetto v. West Shore HospitalMichigan Supreme Court · 2000
  2. People v. McIntireMichigan Supreme Court · 1999
  3. Tebo v. HavlikMichigan Supreme Court · 1984
  4. Browder v. International Fidelity InsuranceMichigan Supreme Court · 1982
  5. People v. BewersdorfMichigan Supreme Court · 1991

98 more not listed; retrieve them via the Exa API.

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