Docket No. 108108.
THE STATE OF ILLINOIS
RYAN T. SIMMONS et al., Appellees, v. JOHN D. HOMATAS et
al. (On Stage Productions, Inc., Appellant).
Opinion filed March 18, 2010.
JUSTICE GARMAN delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Thomas, Kilbride, and
Karmeier concurred in the judgment and opinion.
Justice Freeman concurred in part and dissented in part, with
opinion, joined by Justice Burke.
The separate plaintiffs in this case are special administrators of
the estates of the decedents, who were fatally injured in an
automobile collision. Plaintiffs allege that defendant, On Stage
Productions, Inc., operator of a strip club, negligently encouraged a
patron to consume alcoholic beverages until he became intoxicated
and then required him to drive off the premises, which resulted in the
collision that killed plaintiffs’ decedents. Defendant On Stage filed
a motion to dismiss all claims, which was denied by the circuit court
of Kane County. The circuit court did, however, certify two questions
for interlocutory appeal. The court sought guidance as to whether