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MacDONALD v. PKT, INC.

Docket Nos. 114039, 115322, Calendar Nos. 5-6.

628 N.W.2d 33 (2001)

464 Mich. 322

Molly MacDONALD, Plaintiff-Appellee, v. PKT, INC., known as Pine Knob Music Theater, and Arena Associates, jointly and severally, Defendants-Appellants, and Capital Cities/ABC, Inc, Defendant. Stephen L. Lowry, Plaintiff-Appellant, v. Cellar Door Productions of Michigan, Inc, a Michigan corporation, and Arena Associates Inc, d/b/a Pine Knob Music Theater, jointly and severally, Defendants-Appellees.

Supreme Court of Michigan.

Decided June 26, 2001.

Attorney(s) appearing for the Case

Lopatin, Miller, Freedman, Bluestone, Herskovic & Domol (by Richard E. Shaw), Southfield, MI, for plaintiff-appellee in MacDonald.

Marc S. Morse, Farmington Hills, MI, for plaintiff-appellant in Lowry.

Dykema Gossett, P.L.L.C. (by Kathleen McCree Lewis, Kevin P. Fularczyk, and Katherine M. White), Detroit, MI, for defendants-appellants in MacDonald.

Secrest, Wardle, Lynch, Hampton, Truex & Morley (by Janet Callahan Barnes and Jeff Matis), Farmington Hills, MI, for defendants-appellees in Lowry.

Kirk, Huth & Davis, P.C. (by Robert S. Huth, Jr.), Mt. Clemens, MI, and Madden & Patton, L.L.C. (by Turner D. Madden), Washington, DC, for amicus curiae International Assembly of Managers.

YOUNG, J.

I. INTRODUCTION

In these consolidated premises liability cases, plaintiffs seek to recover for injuries they suffered when fellow concertgoers at the Pine Knob Music Theater (Pine Knob), an outdoor amphitheater that offered seating on a grass-covered hill, began pulling up and throwing pieces of sod. We granted leave to address the duty of premises owners concerning the criminal acts of third parties.

Under Mason v. Royal Dequindre,...

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