Dykema v. Gus Macker Enterprises, Inc.

492 N.W.2d 472 (1992)

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Dykema v. Gus Macker Enterprises, Inc.

Michigan Court of Appeals
492 N.W.2d 472 (1992)

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Facts

Gus Macker Enterprises, Inc. (Macker) (defendant) organized a free outdoor basketball tournament that was open to the general public. During the event, a thunderstorm struck the area. While running for shelter during the storm, Lee Dykema (plaintiff) was struck by a falling tree limb and paralyzed. Dykema and his wife, Linda, filed suit against Macker for negligence. At trial, the Dykemas argued that due to the special relationship that existed between Macker, as the organizer of the tournament, and Dykema, as an attending spectator, Macker was under a duty to warn Dykema of the approaching storm. Macker filed a motion for summary disposition, which was granted by the trial court. The Dykemas appealed.

Rule of Law

Issue

Holding and Reasoning (Kelly, J.)

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