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JOHNSON v. MONTGOMERY

No. 2016-0790.

151 Ohio St.3d 75 (2017)

2017-Ohio-7445

JOHNSON, APPELLANT, ET AL. v. MONTGOMERY; THIRTY-EIGHT THIRTY, INC., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided September 6, 2017.

Attorney(s) appearing for the Case

Organ Cole, L.L.P., Douglas R. Cole , Erik J. Clark , and Sean M. Stiff ; Dennis Mulvihill ; and Wright & Schulte, L.L.C., and Stephen D. Behnke , for appellant.

Altick & Corwin Co., L.P.A., Jonathan B. Freeman , and Steven E. Bacon ; and Jeffrey D. Slyman , for appellees.

Michael DeWine , Attorney General, Eric E. Murphy , State Solicitor, and Michael J. Hendershot , Chief Deputy Solicitor, urging reversal for amicus curiae state of Ohio.

Paul W. Flowers Co., L.P.A., and Paul W. Flowers , urging reversal for amicus curiae Ohio Association for Justice.

Traska Law Firm, L.L.C., Peter D. Traska , Bernadette Matheson , and Michelle Molzan Traska , urging reversal for amicus curiae Mothers Against Drunk Driving of Ohio.

O'NEILL, J., dissents, with an opinion.

{¶ 1} Under Ohio's Dram Shop Act, R.C. 4399.18, someone injured by an "intoxicated person" may sue a liquor-permit holder for an off-premises injury only when the permit holder or its employee served the person knowing her to be intoxicated or underage. This case, which...

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