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40 Ohio St. 3d 359

Gressman v. McClain

Ohio Supreme Court

Decided December 30, 1988

Ohio Supreme Court · decided 1988-12-30

Relies on Mitseff v. Wheeler · Settlemyer v. Wilmington Veterans Post No. 49, American Legion, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1988-12-30

How this case has been cited

Cited by 83 later decisions — most recently March 2025 · most notably Huston v. Konieczny (1990), 71 Ohio App. 3d 320 - Jaworowski v. Medical Radiation Consultants (1991)

83 state decisions

49019881990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sweeney, J.,

¶1concurring. While I agree with the majority’s reversal of the directed verdict and discussion related thereto, I do not believe it is necessary to limit our decision in Settlemyer v. Wilmington Veterans Post No. U9 (1984), 11 Ohio St. 3d 123, 11 OBR 421, 464 N.E. 2d 521, to its own factual contéxt.

¶2The key element of the Settlemyerholding was that this court refused to impose a duty upon social providers of alcohol (i.e., where no sale is alleged or indicated) to third persons who were injured by the recipient of alcoholic beverages. Cf. Mitseff v. Wheeler (1988), 38 Ohio St. 3d 112, 526 N.E. 2d 798. The instant holding is a logical and consistent interpretation of the extent of that precedent. The fact that some lower courts have misinterpreted the extent of the Settlemyerholding should not compel what may appear to be a retreat from or limitation of its true import. In my view, Settlemyer, supra,has provided this court with the proper framework for determining cases within this difficult area of law. Therefore, while I concur in the syllabus, judgment and most of the discussion set forth in the majority opinion, I believe that Settlemyershould be used as a basis for our decision and not narrowed to its own particular facts.

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