A strip club has successfully argued in court that an award of over £2 million in damages to a woman injured by a drunk-driving stripper should be overturned because of local dram shop laws.
The Ohio Supreme Court found the stripper qualified as an “intoxicated person” under the Dram Shop Act even though she wasn’t a customer, because strip club patrons are encouraged to buy drinks for dancers.
Mary Montgomery admitted being under the influence of cocaine and alcohol when she crashed into Nicole Johnson’s car.
Johnson had won over £2 million on a common law negligence claim, but it has been overturned by the Supreme Court, which found that she should have brought a dram shop claim – and the strip club had no dram shop liability because Montgomery was not visibly intoxicated.
Justice Patrick DeWine, writing the judgment, said the 6-1 majority was “sympathetic to Johnson’s suffering as a result of her terrible injuries”.
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