LAUTZENHEISER v. JOLLY BAR & GRILLE, INC.

Docket No. 158533.

206 Mich. App. 67 (1994)

520 N.W.2d 348

LAUTZENHEISER v. JOLLY BAR & GRILLE, INC.

Michigan Court of Appeals.

Decided May 20, 1994.

Approved for publication June 23, 1994, at 9:05 A.M.


Attorney(s) appearing for the Case

William G. Reamon, P.C. (by William G. Reamon, Sr.), for the plaintiffs.

Frank S. Spies, for Jolly Bar and Grille, Inc.

Before: MICHAEL J. KELLY, P.J., and HOOD and S.B. MILLER, JJ.


PER CURIAM.

Plaintiffs appeal by leave granted an order of the circuit court dismissing their suit against defendant Jolly Bar & Grille, Inc. (hereinafter defendant) for failure to fulfill the 120-day notice requirement in the dramshop act. We affirm.

MCL 436.22(5); MSA 18.993(5) provides in relevant part:

An action under this section shall be instituted within 2 years after the injury or death. A plaintiff seeking damages under this section shall...

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