Settlemyer v. Wilmington Veterans Post No. 49, American Legion, Inc.

The determinative question presented for our review is whether plaintiff-appellant’s complaint sets forth a maintainable cause of action under Ohio law.

In Mason v. Roberts (1973), 33 Ohio St. 2d 29 [62 O.O.2d 346], we held in the syllabus as follows:

“1. R.C. 4399.01, commonly known as the Dram Shop Act, does not provide the exclusive remedy against a liquor permit holder, to recover damages for the death of a bar patron.

“2. The proprietor of a business establishment wherein alcoholic beverages are dispensed for consumption upon the premises owes a duty to members of the public while they are…