Dykema v. Gus Macker Enterprises, Inc.
Michigan Court of Appeals
492 N.W.2d 472 (1992)
Relevant factsFree
During a free, publicly open basketball tournament organized by Macker (defendant), spectator Dykema (plaintiff) was struck by a falling tree limb and paralyzed while running for shelter from an approaching thunderstorm, and he sued for negligence, arguing Macker owed him a duty to warn of the storm based on a special relationship between event organizer and attending spectator; the trial court granted Macker summary disposition.
IssueFree
Whether a special relationship exists between an organizer of a free event and a spectator that gives rise to a legal duty owed by the organizer to warn the spectator of an approaching thunderstorm.