Legal Opinion
Reed v. Breton
Michigan Supreme Court
Decided July 19, 2006No. Docket 127703, 127704PublishedCited by 35 opinions
1Opinion of the CourtCorrigan, J.
A vehicle driven by an intoxicated driver collided with an oncoming vehicle carrying two young men on US-127 near Jackson, killing all three individuals. The issues on appeal in this dramshop action involve (1) the presumption of nonliability under the dramshop act (DSA), MCL 436.1801(8); and (2) the adequacy of proofs regarding the driver’s alleged visible intoxication under MCL 436.1801(3).
MCL 436.1801(8) creates a rebuttable presumption of nonliability for all but the last retail licensee that serves alcohol to a visibly intoxicated person. This novel presumption operates to require that a…
2Cases cited8 opinions
- Maiden v. RozwoodMichigan Supreme Court · 1999
- Nastal v. Henderson & Associates Investigations, IncMichigan Supreme Court · 2005
- Wold Architects and Engineers v. StratMichigan Supreme Court · 2006
- Millross v. Plum Hollow Golf ClubMichigan Supreme Court · 1987
- Martin v. MartinMichigan Supreme Court · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Liparoto Construction, Inc v. General Shale Brick, IncMichigan Court of Appeals · 2009
- People v. MorenoMichigan Supreme Court · 2012
- Brown v. BrownMichigan Supreme Court · 2007
- Rhonda BANWART, Appellant, v. 50TH STREET SPORTS, L.L.C. D/B/A Draught House 50, Appellee.Supreme Court of Iowa · 2018
- Cadle Co. v. City of KentwoodMichigan Court of Appeals · 2009
30 more not listed; retrieve them via the Exa API.