Kennedy v. Bobbie & Clyde's, Inc.

Plaintiff Marin Moreno 1 appeals from an order entering summary-judgment in favor of defendant Bobbie & Clyde’s, Inc., in this dram-shop action. On appeal, plaintiff contends that genuine issues of material fact remain regarding the question of plaintiff’s complicity which would bar his recovery under the Illinois Dramshop Act (Ill. Rev. Stat. 1989, ch. 43, par. 135).

The complaint alleges that on August 24, 1983, plaintiff suffered personal injuries resulting from an automobile accident where he and Kenneth Raspberry were passengers in a car driven by their friend, James Kennedy, who was…