FOSTER v. LANCIAULT

No. 78-177.

70 Ill. App.3d 962 (1979)

388 N.E.2d 1140

RONALD E. FOSTER, Plaintiff-Appellee, v. DAVE LANCIAULT, d/b/a Dave's Club, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed April 18, 1979.


Attorney(s) appearing for the Case

John W. Robertson and Steven L. Nelson, both of Bozeman, Neighbour, Patton & Noe, of Moline, for appellant.

Alan K. Schmidt and Marshall E. Douglas, both of Jackson, Douglas, DePorter & Schmidt, of East Moline, for appellee.


Reversed and remanded.

Mr. PRESIDING JUSTICE STOUDER delivered the opinion of the court:

Plaintiff, Ron Foster, commenced this dramshop action against the defendant, Dave Lanciault, d/b/a Dave's Club, to recover for injuries he sustained in a fight with John Phillips, the alleged intoxicated person. The defendant filed an affirmative defense that plaintiff provoked the fight which caused his injury. The jury...

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