M Civ JI 75.02 Dram Shop - Definitions

“Intoxicated”

A person is “intoxicated” when, as a result of drinking alcoholic liquor, his or her mental or physical senses are impaired.

“Visibly Intoxicated”

A person is “visibly intoxicated” when his or her intoxication would be apparent to an ordinary observer.

“Alcoholic Liquor”

“Alcoholic liquor” includes beer and wine as well as other alcoholic beverages.

Note on Use

The court may wish to precede this instruction with M Civ JI 10.01 Definitions Introduced.

Comment

In Lafler v Fisher, 121 Mich 60, 62–63; 79 NW 934, 935 (1899), the Michigan Supreme Court approved the following definition of “intoxication,” which had been given by the trial court:

When it is apparent that a person is under the influence of liquor, or when his manner is unusual or abnormal, and his inebriated condition is reflected in his walk or conversation, when his ordinary judgment and common sense are disturbed, or his usual will power is temporarily suspended, when these or similar symptoms result from the use of liquors, and are manifest, then, within the meaning of the statute, the person is intoxicated, and anyone who makes a sale of liquor to such person violates the law of the State. It is not necessary that the person be so-called “dead drunk”, or hopelessly intoxicated; it is enough that his senses are obviously destroyed or distracted by the use of intoxicating liquors.

See also Groth v DeGrandchamp, 71 Mich App 439; 248 NW2d 576 (1976), where the Court of Appeals approved the trial court’s use of the Lafler instruction.

The thrust of the instruction in Lafler is that a person is intoxicated when, as a result of drinking liquor, there is an impairment of his or her mental or physical senses.

Other than actions involving sales to minors, the Dram Shop Act requires injury or damage by an intoxicated person by reason of an unlawful selling, giving, or furnishing of alcoholic liquor to the “visibly” intoxicated person. A person is visibly intoxicated when his or her intoxication would be apparent to an ordinary observer. Miller v Ochampaugh, 191 Mich App 48; 477 NW2d 105 (1991); Heyler v Dixon, 160 Mich App 130; 408 NW2d 121 (1987).

The definition of alcoholic liquor is found in the statute. MCL 436.1105(2).

History

M Civ JI 75.02 was SJI 27.02. Amended May 1988.