Kuikstra v. Cheers Good Time Saloons, Inc

I would affirm in part and reverse in part.

I agree with the majority that the trial court erred in denying Cheers’ motion to set aside the default. Further, for the reasons stated in Waranica v Cheers Good Time Saloons, Inc, 186 Mich App 398; 464 NW2d 902 (1990), I am also of the opinion that the trial court erred in holding that Kuikstra’s family members failed to state a cause of action under the dramshop act. Unlike the majority, however, I believe that, consistent with Waranica, the trial court correctly ruled that Kuikstra’s estate failed to state a cause of action.

In concluding that…