Legal Opinion

Gardner v. Wood

Michigan Supreme Court

Decided October 30, 1987No. Docket Nos. 77770, 78228, (Calendar Nos. 15-16)PublishedCited by 37 opinions

1Opinion of the CourtBoyle, J.

The issue presented in these cases is whether a violation of the penal provisions of MCL 436.26c; MSA 18.997(3), prohibiting the consumption of alcohol on unlicensed premises for a consideration and prohibiting the consumption of alcohol on the premises of unlicensed commercial establishments selling food gives rise to a civil cause of action against the premises owner for injuries sustained due to the alleged intoxication of a person served on the premises. We hold that a civil cause of action may not be based on the violation of these sections of the Liquor Control Act because the type of…

2Cases cited25 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Cort v. AshSupreme Court of the United States · 1975
  3. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
  4. Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
  5. Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979

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3Cited by37 opinions

  1. Wallace v. Ohio Dept. of CommerceOhio Supreme Court · 2002
  2. Lash v. City of Traverse CityMichigan Supreme Court · 2007
  3. Long v. Chelsea Community HospitalMichigan Court of Appeals · 1997
  4. Grand Traverse County v. StateMichigan Supreme Court · 1995
  5. Office Planning Group, Inc v. Baraga-Houghton-Keweenaw Child Development BoardMichigan Supreme Court · 2005

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