Hayes v. O'DONNELL

This is an appeal from an order granting a motion to dismiss Count II of a complaint. Count I is an action under the Dramshop Act (Ill. Rev. Stat. 1977, ch. 43, par. 135 et seq.) Count II sounds in common law negligence and alleges that plaintiff was a patron of defendants’ tavern; that defendants owed him a high duty of care; that plaintiff was in exercise of due care; that defendants negligently permitted the presence of an unknown person who was quarrelsome, disorderly and vicious; that defendants failed to control this person and to remove him from the premises; and that by reason of…