OMLOR v. RIDDLE, 42 Ohio St.3d 16 (1989)

536 N.E.2d 647

OMLOR, EXRX., APPELLANT, v. RIDDLE ET AL.; CARMEL’S MEXICAN RESTAURANT, APPELLEE.

No. 88-2198Supreme Court of Ohio.Submitted February 21, 1989 —
Decided April 5, 1989.

Torts — Liquor control — Sale of intoxicating beverage to person who injures third party off the premises — R.C. 4301.22(B).

APPEAL from the Court of Appeals for Lucas County, No. L-88-022.

Green, Ashley Weglian and Merritt W. Green II, for appellant.

Baran, Piper, Tarkowsky Fitzgerald Co., L.P.A., and Robert B. Fitzgerald, for appellee.

The motion to certify the record is allowed; the judgment of the court of appeals is reversed; and the cause is remanded to the trial court in order to apply Gressman v. McClain (1988), 40 Ohio St.3d 359, 533 N.E.2d 732, and for further proceedings.

MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.

RESNICK, J., not participating.

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