McDonald v. Risch

The principal question presented by this appeal is whether a tavern operator can be held liable in a “by” theory under the Illinois Liquor Control Act for “an injury resulting from the direct affirmative act of an intoxicated person” (Hernandez v. Diaz, 31 Ill.2d 393, 397) when the act of the intoxicated person is not tortious.

John McDonald, a 19-year-old, by Ellis McDonald, his brother and next friend, brought this action in the circuit court of Winnebago County to recover damages for injuries he received when an automobile driven by Charles Risch struck him. Count I of the complaint was a…