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GARDNER v. WOOD

Docket Nos. 77770, 78228, (Calendar Nos. 15-16).

429 Mich. 290 (1987)

414 N.W.2d 706

GARDNER v. WOOD KILISZEWSKI v. KNIGHTS OF COLUMBUS

Supreme Court of Michigan.

Decided October 30, 1987.

Attorney(s) appearing for the Case

James C. Thomas, P.C. (by James C. Thomas and Daniel P. O'Neil), for the plaintiffs in Gardner.

Bremer, Wade, Nelson & Alt (by Robert N. Alt, Jr., and Phillip J. Nelson) for the plaintiffs in Kiliszewski.

Sullivan, Ward, Bone, Tyler, Fiott & Asher, P.C. (by Michael J. Walter), for defendant E.A. Fuller Oaks Corporation in Wood.

Clary, Nantz, Wood, Hoffius, Rankin & Cooper (by Robert L. DeJong and Mark R. Smith) for the defendants in Kiliszewski.

BOYLE, 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...

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