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COLE v. BROOMSTICKS, INC.

Nos. C-950058, C-950086.

107 Ohio App.3d 573 (1995)

COLE et al., Appellants, v. BROOMSTICKS, INC., d.b.a. Express Convenient Mart, et al.

Court of Appeals of Ohio, First District, Hamilton County.

Decided November 15, 1995.

Attorney(s) appearing for the Case

John H. Metz, for appellants John and Connie Cole.

Benjamin, Yocum & Heather, Timothy P. Heather and Jeffrey P. McSherry, for appellant Midwest Foundation Independent Physicians Association, d.b.a. ChoiceCare.

McCaslin, Imbus & McCaslin, R. Gary Winters and Richard G. Wendel II, for appellees.

PAINTER, Judge.

I. Facts

On May 26, 1990, eighteen-year-old plaintiff-appellant John Cole and a friend entered the convenience store owned by defendant-appellee Broomsticks, Inc. ("Broomsticks") and purchased three cases of beer. Cole was not a minor, but underage only for the purpose of buying alcohol.1

In this case, Cole was allegedly able to purchase the beer without identification and without questioning by the cashier...

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