Riley v. Richards

INTRODUCTION

In this case, we are asked to determine the limits of the "name and retain” provision of the Michigan dramshop act, MCL 436.22(5); MSA 18.993(5), specifically, whether the Court of Appeals was correct in its conclusion that the provision is complied with when the allegedly intoxicated person, in return for plaintiffs agreement to limit liability, admits intoxication, negligence, and causation, and waives privileges and objections to evidence, while continuing to defend on the issue of damages. We hold that, under the agreement in this case, the allegedly intoxicated person was not…