Reeves v. Gentile

I concur in all of the majority opinion except part III.B. As to that part, I dissent.

The majority correctly observes in part III.A. that our Dramshop Act imposes strict liability and that it is not premised on common law notions of fault or negligence. Accordingly, the majority concludes that “the doctrine of comparative negligence may not be applied among the defendants.” However, the majority loses sight of this principle in part III.B. where it requires the negligence of the plaintiff to be compared to the negligence of the intoxicated driver. The majority rejects the almost universally…