Ruth v. Benvenutti

The plaintiff Ricky Ruth appeals from the dismissal of complaint, seeking compensatory damages for the defendant Dario Benvenutti’s alleged wilful, wanton, and intentional misconduct in serving him alcoholic beverages. The trial court dismissed Ruth’s complaint, finding it insufficient at law to state a cause of action. Plaintiff Ruth’s action was premised upon a common law action for wilful and wanton misconduct, and not upon the Dramshop Act. (Ill. Rev. Stat. 1981, ch. 43, par. 94 et seq.) The question on appeal is whether in Illinois there is a common law cause of action for the wilful,…