Opinion
Nos. 72-339 and 72-340
Decided March 21, 1973.
Negligence — Owner or occupier of tavern — Liability for harm to patron caused by other patrons.
APPEALS from the Court of Appeals for Hamilton County.
On December 9, 1969, about 2:15 a.m., one Rohe allegedly shot Hayes and killed Taggart, Jr., at the Bachelor's III Cocktail Lounge. In case No. 72-339, the action was brought by the administrator of the estate of Taggart, Jr. In case No. 72-340, the action was brought by Hayes and his wife. The defendant-appellants (hereinafter called defendants) are Bitzenhofer, Behr and McKesson, as individuals; Bitzenhofer-Behr-McKesson, Inc., as the owners of Bachelor's III; and Alice Losito, a bartender-waitress. Rohe is named as a defendant in both suits, and his standing is not affected by the trial court's action.
The complaints allege that Hayes and Taggart, Jr., were drinking at the bar of the Bachelor's III on December 9, 1969, from approximately 1:00 a.m. to 2:15 a.m.; that defendant Rohe entered the lounge at approximately 1:15 a.m.; that even though Rohe was patently intoxicated and acted in a boisterous and unruly manner, Losito served him alcoholic beverages; that thereafter Rohe, in Losito's presence, displayed a pistol and threatened to shoot Hayes and Taggart, Jr.; that Losito did not, thereafter, demand that Rohe leave the bar; that she did not warn Hayes and Taggart, Jr., to leave, nor did she communicate with any law enforcement office for the purpose of obtaining assistance or advice as to how Rohe should be handled; that rather she served Rohe additional alcoholic beverages; and that, approximately 35 minutes after uttering his threat, Rohe did shoot and kill Taggart, Jr., and wound Hayes.
The Court of Common Pleas granted motions to dismiss the complaints against defendants Bitzenhofer, Behr and McKesson, as individuals; the corporate defendant; and Losito, on the ground that the complaints did not state causes of action upon which relief could be granted.
Upon appeal, the Court of Appeals reversed the judgments of the Common Pleas Court. The causes are now before this court pursuant to the allowance of motions to certify the records.
Messrs. Bauer, Morelli Heyd and Mr. Charles G. Heyd, for appellees.
Messrs. Lindhorst Dreidame, Mr. James L. O'Connell, Messrs. Freiden, Hoy Barstow and Mr. Eugene C. Barstow, for appellants.
Upon the basis of Mason v. Roberts (1973), 33 Ohio St.2d 29, the judgments of the Court of Appeals are affirmed.
Judgments affirmed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and GRAY, JJ., concur.
GRAY, J., of the Fourth Appellate District, sitting for P. BROWN, J.