DYKEMA V. GUS MACKER ENTERPRISES, INC.
492 N.W.2d 472 (1992)
NATURE OF THE CASE: Dykema (Ps), injured party and his wife, appealed from a summary
judgment for Gus (D).
FACTS: D organized and conducted the Gus Macker basketball tournament. Defendants
Primebank Financial Corporation and Reebok International, Ltd., were official sponsors and
advertisers of the basketball tournament. It was held outdoors on public streets. There
were no admission fees. P attended the tournament as a nonpaying spectator. A thunderstorm
struck the area. During the storm, the winds were blowing in excess of forty miles an hour.
P, while running for shelter, was struck by a falling tree limb and paralyzed. P sued D for
negligence. P argued that a special relationship existed and that D was under a duty to warn
P of an approaching thunderstorm. D moved for summary disposition and it was granted. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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