Thaut v. Finley

On Rehearing

McGregor, J.

The recent decision of another panel of this Court, in Lover v Sampson, 44 Mich App 173; 205 NW2d 69 (1972), occasions our grant of plaintiffs application for rehearing in the instant case. The patent conflict between the holding in Lover and our opinion in this matter compels us to reconsider our decision.

In Lover, the Court held that defendants, not subject to strict liability under the dramshop act 1 because not "engaged in the business of selling alcoholic beverages”, 2 may be liable for furnishing alcoholic beverages in violation of other penal statutes regulating…