Charles v. Seigfried

651 N.E.2d 154, 165 Ill. 2d 482, 209 Ill. Dec. 226, 54 A.L.R. 5th 793, 1995 Ill. LEXIS 73
CourtIllinois Supreme Court
DecidedMarch 30, 1995
Docket76617, 77438 cons.
StatusPublished
Cited by126 cases

This text of 651 N.E.2d 154 (Charles v. Seigfried) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles v. Seigfried, 651 N.E.2d 154, 165 Ill. 2d 482, 209 Ill. Dec. 226, 54 A.L.R. 5th 793, 1995 Ill. LEXIS 73 (Ill. 1995).

Opinions

CHIEF JUSTICE BILANDIC

delivered the opinion of the court:

In these two, consolidated appeals, the plaintiffs ask this court to recognize a cause of action against social hosts for serving alcoholic beverages to minors who are subsequently injured. Both appeals arise from a circuit court dismissal of the plaintiff’s complaint. The circuit courts held that, according to long-established precedent, social host liability does not exist in Illinois. For the reasons stated below, we now confirm this precedent and decline to give birth to any form of social host liability.

FACTS

In cause number 76617, the plaintiff, Robert Charles, as administrator of the estate of Lynn Sue Charles, brought an action against the defendant, Alan Seigfried, in the circuit court of Hancock County. Lynn Sue Charles was killed in an automobile accident in the early morning hours of February 16, 1991. Charles sought recovery for her death.

Charles’ second-amended complaint alleged that Seigfried hosted a social gathering at his rural home on the evening of February 15, 1991. Lynn Sue, 16 years of age, attended the party. The complaint charged that Seigfried served alcoholic beverages to Lynn Sue and to other underage persons at the party. Lynn Sue became intoxicated. She then departed Seigfried’s home by driving her own automobile. Lynn Sue had a blood-alcohol content of 0.299 at the time of her death.

Charles’ second-amended complaint was premised on theories of social host liability. Count I claimed that Seigfried breached his common law duty of reasonable care. Count II alleged that a civil action arose from Seigfried’s violation of section 6 — 16(c) of the Liquor Control Act of 1934 (No. 77438. — Appeal from the Appellate Court for the Second District; heard in that court on appeal from the Circuit Court of Lake County, the Hon. Stephen E. Walter, Judge, presiding.. Rev. Stat. 1991, ch. 43, par. 131(c) (now 235 ILCS 5/6 — 16(c) (West 1992))). The circuit court dismissed the complaint under section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1992)) for failure to state a cause of action. The appellate court reversed the dismissal and created a cause of action against social hosts who knowingly serve alcoholic beverages to minors. (251 Ill. App. 3d 1059.) In doing so, the appellate court acknowledged that it was departing from precedent. (251 Ill. App. 3d at 1063.) We allowed Seigfried’s petition for leave to appeal (145 Ill. 2d R. 315(a)).

In cause number 77438, the plaintiff, Paula L. Bzdek, a minor, by her father and next friend, Robert J. Bzdek, filed suit against the defendants, Susan M. Townsley and Nicki Townsley, in the circuit court of Lake County. Bzdek was injured in an accident while she was a passenger in a motor vehicle driven by David Duff, 18 years of age. Bzdek sought recovery for permanent injuries that she sustained.

Bzdek’s second-amended complaint alleged that, on or about September 15, 1990, the Townsleys hosted a social gathering at their home in Wildwood, Illinois. Bzdek, age 15, attended the party, as did Duff. The complaint charged that the Townsleys furnished alcoholic beverages to Bzdek, Duff, and to several other underage persons. Bzdek and Duff became intoxicated. Bzdek left the Townsley home in the vehicle driven by Duff while he was still drunk. According to the complaint, Bzdek allowed herself to be transported by Duff due to her own inebriation. Duff lost control of the vehicle and crashed into oncoming traffic.

Both counts of Bzdek’s second-amended complaint were based on theories of social host liability. Count I charged that the Townsleys negligently served intoxicants to Duff, a driver under the legal drinking age of 21. Count II alleged that they negligently served alcoholic beverages to Bzdek, a minor whose own drunkenness caused her to allow herself to be a passenger in Duff’s vehicle. The circuit court dismissed the complaint under section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1992)) for failure to state a cause of action. The appellate court reversed, finding that social hosts can be held liable under the facts alleged in Bzdek’s complaint. (262 Ill. App. 3d 238.) The appellate court extended social host liability beyond the negligent service of alcoholic beverages to minors. (262 Ill. App. 3d at 244-46.) It reasoned that, where social hosts knowingly serve intoxicants to minors and to persons under the legal drinking age of 21, they can be held liable for injuries caused by the persons under age 21. (262 Ill. App. 3d at 244-46.) We allowed the Townsleys’ petition for leave to appeal (145 Ill. 2d R. 315(a)).

ANALYSIS

The standard of review on appeal from a motion to dismiss a complaint under section 2 — 615 is whether the complaint alleges sufficient facts which, if proved, would entitle the plaintiff to relief. Urbaitis v. Commonwealth Edison (1991), 143 Ill. 2d 458, 475.

For over one century, this court has spoken with a single voice to the effect that no social host liability exists in Illinois. The discussion below demonstrates that it has been, and continues to be, well-established law that Illinois has no common law cause of action for injuries arising out of the sale or gift of alcoholic beverages; that the legislature has preempted the field of alcohol-related liability; and that any change in the law governing alcohol-related liability should be made by the General Assembly, or not at all.

I

THE HISTORY OF ALCOHOL-RELATED LIABILITY

A. The Common Law Rule and the Dramshop Act

The historic common law rule, adhered to in this State, is that there is no cause of action for injuries arising out of the sale or gift of alcoholic beverages. The rationale underlying the rule is that the drinking of the intoxicant, not the furnishing of it, is the proximate cause of the intoxication and the resulting injury. (See Cunningham v. Brown (1961), 22 Ill. 2d 23, 29-30.) As a matter of public policy, the furnishing of alcoholic beverages is considered as too remote to serve as the proximate cause of the injury.

As set forth later in this opinion, our courts have consistently adhered to the rule that there is no common law cause of action against any provider of alcoholic beverages for injuries arising out of the sale or gift of such beverages. The Illinois legislature, however, created a limited statutory cause of action when it enacted the original Dramshop Act of 1872 in response to a great wave of temperance reform that swept the nation. (Cunningham, 22 Ill. 2d at 27, quoting 4 Bogart & Thompson, A Centennial History of Illinois 42-44 (1920).) The original act imposed liability upon dramshops for selling or giving intoxicating liquors to persons who subsequently injure third parties. (Laws of 1871-72, at 552-56.) The present act, titled the Liquor Control Act of 1934 (Ill. Rev. Stat. 1991, ch. 43, par. 93.9 et seq. (now 235 ILCS 5/1 — 1 et seq. (West 1992))) grants a similar cause of action to injured third parties (Ill. Rev. Stat. 1991, ch. 43, par. 135 (now 235 ILCS 5/6

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hulsh v. Hulsh
2025 IL 130931 (Illinois Supreme Court, 2025)
Schramm v. 3258 S. Wells St. Restaurant, LLC
2024 IL App (1st) 231424 (Appellate Court of Illinois, 2024)
Mitchell v. Michael's Sports Lounge
2023 IL App (1st) 220011 (Appellate Court of Illinois, 2023)
McDaniel v. Crank
2020 IL App (5th) 190257-U (Appellate Court of Illinois, 2020)
Wingert v. Hradisky
2019 IL 123201 (Illinois Supreme Court, 2019)
Bogenberger v. Pi Kappa Alpha Corporation, Inc.
2018 IL 120951 (Illinois Supreme Court, 2018)
Bogenberger v. PI KAPPA ALPHA Corporation, Inc.
2016 IL App (1st) 150128 (Appellate Court of Illinois, 2016)
People v. Espinoza
2015 IL 118218 (Illinois Supreme Court, 2016)
Borcia v. Hatyina
2015 IL App (2d) 140559 (Appellate Court of Illinois, 2015)
Ballard RN Center, Inc. v. Kohll's Pharmacy & Homecare, Inc.
2014 IL App (1st) 131543 (Appellate Court of Illinois, 2015)
Ballard RN Center, Inc. v. Kohll's Pharmacy & Homecare, Inc.
2014 IL App (1st) 131543 (Appellate Court of Illinois, 2014)
Doe-3 v. McLean County Unit District No. 5 Board of Directors
2012 IL 112479 (Illinois Supreme Court, 2012)
Olle v. C House Corporation
2012 IL App (1st) 110427 (Appellate Court of Illinois, 2012)
Doe v. PSI Upsilon International
2011 IL App (1st) 110306 (Appellate Court of Illinois, 2011)
Tilschner v. Spangler
409 Ill. App. 3d 988 (Appellate Court of Illinois, 2011)
Hicks v. Korean Airlines Co.
936 N.E.2d 1144 (Appellate Court of Illinois, 2010)
Hicks v. Korean Airlines Company
Appellate Court of Illinois, 2010

Cite This Page — Counsel Stack

Bluebook (online)
651 N.E.2d 154, 165 Ill. 2d 482, 209 Ill. Dec. 226, 54 A.L.R. 5th 793, 1995 Ill. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-v-seigfried-ill-1995.