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SHAY v. JohnKAL, INC

Docket No. 86016, (Calendar No. 4).

437 Mich. 394 (1991)

471 N.W.2d 551

SHAY v. JohnKAL, INC

Supreme Court of Michigan.

Decided July 2, 1991.

Attorney(s) appearing for the Case

Chambers, Steiner, Mazur, Ornstein & Amlin, P.C. (by Angela J. Nicita), for the plaintiffs.

Vlachos & Vlachos, P.C. (by Paul T. Vlachos), for the defendant.

Amici Curiae:

Kallas, Lower, Henk & Treado, P.C. (by Constantine N. Kallas), for Michigan Licensed Beverage Association, Michigan Licensed Beverage Association Limited Liability Pool, Bowling Centers Association of Michigan, Bowling Proprietors of Michigan Limited Liability Pool, North Pointe Insurance Company, First Security Insurance Company, and Sourceone Insurance Company.

John A. Braden for the Michigan Trial Lawyers Association.

LEVIN and BOYLE, JJ.

The question presented is whether the "name and retain" provision of the dramshop act bars continued maintenance of a dramshop action where the "allegedly intoxicated person" has been dismissed from the action because the plaintiff and the "allegedly intoxicated person accepted a court-ordered mediation award.

We hold that the "name and retain" provision does not, in such a case, bar continued...

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