Burton v. Drake's Mayors Row Restaurant, Inc.

Mr. PRESIDING JUSTICE SIMON

delivered the opinion of the court:

The plaintiffs seek recovery under the Dramshop Act (Ill. Rev. Stat. 1971, ch. 43, par. 135) for personal injuries they suffered when a parked vehicle in which they were sitting was struck by a car driven by Leonard Dejohn. The action is against the owners of the premises in which Mayors Row Restaurant in Chicago is located. Plaintiffs claim Dejohn was sold or given intoxicating liquors in those premises prior to the accident.

Although named as a defendant, Dejohn was never served, and he was not present at the trial which was held…