Elinore Marsh


In an opinion anticipating, in part, the advent of the comparative negligence standard in Ohio, Kemock v. Mark II extends common law liability to include liquor vendors who serve already intoxicated patrons who injure themselves and whose injury is the proximate result of continued alcohol consumption. Relying upon an earlier Ohio Supreme Court decision and a California Supreme Court case, the Court of Appeals of Ohio recognizes liability for vendor negligence which damages the drinker. The test for recovery is one not previously applied in cases of this sort in Ohio; one which measures liability by balancing degrees of each party's negligence, not unlike comparative negligence.