Luberski v. North

On May 13, 1981, plaintiff, Rose E. Luberski, brought suit for damages against defendants Carmen North and Sheila Thorne, doing business as Adams Corner, and Ohio Casualty Insurance Company under the Michigan dramshop statute. The trial court granted defendants’ motion for summary judgment under GCR 1963, 117.2(1), now MCR 2.116(C)(8), finding that plaintiff, as a matter of law, had not alleged that she had been "injured by a visibly intoxicated person” as required by the dramshop statute. Plaintiff appeals as of right.

The factual setting for this dramshop action is unusual, in that plaintiff…