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RUTH v. BENVENUTTI

No. 82-696.

114 Ill. App.3d 404 (1983)

449 N.E.2d 209

RICKY RUTH, Plaintiff-Appellant, v. DARIO BENVENUTTI, Indiv. and d/b/a Rusty Rail, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed May 6, 1983.

Attorney(s) appearing for the Case

Curt N. Rodin, of Anesi, Ozmon, Lewin & Associates, Ltd., of Chicago, and John A. Grivetti, Jr., of Spring Valley, for appellant.

Bradley W. Hayes, of Dunn & Hayes, of Morris, for appellee.

Judgment affirmed.

JUSTICE ALLOY delivered the opinion of the court:

The plaintiff Ricky Ruth appeals from the dismissal of complaint, seeking compensatory damages for the defendant Dario Benvenutti's alleged wilful, wanton, and intentional misconduct in serving him alcoholic beverages. The trial court dismissed Ruth's complaint, finding it insufficient at law to state a cause of action. Plaintiff Ruth's action was premised upon a common law action for wilful...

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