Green v. Wilson

I concur with the reasoning and result of the lead opinion’s conclusion that personal jurisdiction does not exist over defendant Wilson. However, I dissent from the lead opinion’s creation of an exception to the “name and retain” provision of Michigan’s dramshop act. There is no justifiable reason for this Court to create an exception to the plain language of the “name and retain” provision where the allegedly intoxicated driver has been dismissed for lack of personal jurisdiction.

i

The “name and retain” provision of the dramshop act states in pertinent part:

An action under this section…