Jackson v. PKM CORP.
Michigan Supreme Court
1Opinion of the CourtRiley, C.J.
We granted leave to appeal in this case to resolve a split of authority in the Court of Appeals as to whether the exclusive remedy of the dramshop act, MCL 436.22; MSA 18.993, precludes an intoxicated party, who is injured as a result of his intoxication, from bringing an action for gross negligence or wilful, wanton, and intentional misconduct against the liquor licensee that furnished him the intoxicating liquor. We hold that plaintiffs gross negligence claim, which arose out of the unlawful sale, giving, or furnishing of intoxicants, *265is preempted by the exclusive remedy of the dram-shop…
2Cases cited22 opinions
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Abel v. Eli Lilly & Co.Michigan Supreme Court · 1984
- Browder v. International Fidelity InsuranceMichigan Supreme Court · 1982
- Salas v. ClementsMichigan Supreme Court · 1976
- Longstreth v. GenselMichigan Supreme Court · 1985
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3Cited by32 opinions
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- Craig v. LarsonMichigan Supreme Court · 1989
- Mann v. Shusteric Enterprises, IncMichigan Supreme Court · 2004
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