DAVID W MCGUIRE V DEANNA LYNN SANDERSAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
DAVID W. MCGUIRE, Individually and as Next
Friend of TY N. MCGUIRE,
November 15, 2005
Wayne Circuit Court
LC No. 02-209709-NI
DEANNA LYNN SANDERS,
GARTER BELT, INC., d/b/a LEGGS LOUNGE,
HAMILTON'S HENRY VIII LOUNGE, INC.,
d/b/a HAMILTON PLACEMENT,
Official Reported Version
Before: White, P.J., and Jansen and Wilder, JJ.
WHITE, P.J. (concurring).
Dramshop cases have invariably involved claims against the retail licensee of the
establishment where the allegedly intoxicated person (AIP) was served. This case presents the
unusual circumstance of a licensee who provided personnel to another licensee, which personnel
are alleged to have served the AIP.
Neither party cites cases that have held that the off-site licensee can, or cannot, be held
liable under these circumstances. Further, to the extent that policy considerations inform our
interpretation, the policy arguments in favor of the conflicting interpretations are equipoised.
Our only guidance is the language of the statute. I agree that the terms of the statute support
/s/ Helene N. White