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REED v. BRETON

Docket Nos. 127703, 127704, COA No. 5.

718 N.W.2d 770 (2006)

475 Mich. 531

Lawrence REED, Personal Representative of the Estate of Lance Nathan Reed, deceased, Plaintiff-Appellee, v. Frederick BRETON, Personal Representative of the Estate of Curtis Jason Breton, deceased, and HB Resort Enterprises, Inc., a Michigan corporation, a/k/a Eagles Nest, Defendants, and Beach Bar, Inc., a Michigan corporation, a/k/a Beach Bar, Defendant-Appellant. James D. Kuenner, Personal Representative of the Estate of Adam W. Kuenner, deceased, Plaintiff-Appellee, v. Frederick Breton, Personal Representative of the Estate of Curtis J. Breton, deceased, and HB Resort Enterprises, Inc., a Michigan corporation, a/k/a Eagles Nest, Defendants, and Beach Bar, Inc., a Michigan corporation, a/k/a Beach Bar, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 19, 2006.

Attorney(s) appearing for the Case

Honigman Miller Schwartz and Cohn L.L.P. (by John D. Pirich and Andrea L. Hansen) for, Lansing, the plaintiffs.

Dennis Hursh & Associates (by Dennis Hursh and Michael S. Rosenthal), Jackson, for Lawrence Reed.

D'Agostini, Sable & Ruggeri, P.L.L.C. (by John M. Ketzler), Sterling Heights, for James D. Kuenner.

Garan Lucow Miller, P.C. (by Megan K. Cavanagh and Kenneth V. Klaus), Detroit, for Beach Bar, Inc.

CORRIGAN, J.

A vehicle driven by an intoxicated driver collided with an oncoming vehicle carrying two young men on US-127 near Lansing, killing all three individuals. The issues on appeal in this dramshop action involve (1) the presumption of nonliability under the dramshop act (DSA), MCL 436.1801(8); and (2) the adequacy of proofs regarding the driver's alleged visible intoxication under MCL 436.1801(3).

MCL 436...

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