PETERSON v. DONELSON SALES CO.
4 Ill. App.3d 792 (1972)
281 N.E.2d 753
ERNEST R. PETERSON SR., Admr., Plaintiff-Appellant,
JACK DONELSON SALES COMPANY, Defendant-Appellee.
Appellate Court of Illinois — Second District.
April 14, 1972.
David A. Decker, of Waukegan, for appellant.
Diver, Ridge, Brydges & Bollman, of Waukegan, for appellee.
Reversed and remanded.
Mr. JUSTICE GUILD delivered the opinion of the court:
Plaintiff appeals from summary judgment for defendant in a suit grounded on the Dram Shop Act, (Ill. Rev. Stat. 1969, ch. 143 par. 135), seeking recovery for property damage and for loss of support by dependents of plaintiff's decedent. In entering judgment, the trial court found there was no direct sale within the meaning of the Act.
Decedent was a member of Plumbers Local Union No. 93. On July 18, 1970, he attended a union picnic at Daniel Wright Woods in Lake County and drank beer causing his intoxication. The beer had been sold by defendant in a large quantity and transported that day to the picnic ground in half barrels on a truck or van with facilities for cooling, tapping and dispensing. Defendant's employees did not serve the beer to individuals, but did tap open the first two half-barrels, leaving the truck with its contents upon the grounds until the end of the day when they removed it. Defendant was involved in an auto collision that day which caused his death, allegedly as a result of his intoxication.
• 1, 2 The purpose of a summary judgment procedure is not to try
an issue of fact, but rather to determine if one exists. (Miller v. Owens-Illinois Glass Co. (1964), 48 Ill.App.2d 412, 416, 199 N.E.2d 300.) The judgment below can be affirmed only if the complaint, considered together with affidavits and exhibits in the record, indicate that plaintiff has failed to allege facts sufficient to state a cause of action within the provisions of the Dram Shop Act.
One question in dispute is this: To whom did defendant sell eight half-barrels of beer? An affidavit of its president states the sale was made to the local union and an attached sales slip of defendant corporation so indicates. The complaint, however, alleges the sale was to members of the union, and supporting affidavits by the secretary-treasurer and entertainment committee chairman of the local union indicate the beer was paid for, not from union dues or other official funds, but from a separate fund collected from members as fines for non-attendance at regular meetings and used exclusively for entertainment of the members.
A further question, and the central issue, is this: if the seller of intoxicating liquor in bulk comes within the scope of the Dram Shop Act, for whose intoxication is the seller liable? Only that of persons purchasing directly, personally, and individually from the bulk seller?