Plaintiff alleged that defendant driver Vanduker consumed alcohol at Augie’s Bar on the night of the accident. Vanduker was found to be intoxicated in a traffic stop following the accident. Other defendants included Big Five Entertainment, Inc., owner of Augie’s Bar, and State Farm Mutual Automobile Insurance Company.
A central issue in this dramshop case was plaintiff’s allegation that Augie’s Bar unlawfully served alcoholic beverages to Vanduker after he became visibly intoxicated. Without providing evidence, plaintiff claimed that the bar “was the only licensed facility that served liquor along the route that Vanduker was driving.” Vanduker denied in an affidavit that he was at Augie’s Bar on the day of the accident. The court noted that it was plausible the defendant could have become drunk at another bar or restaurant, a private home, or a local park.
Plaintiff sought recovery of damages from Big Five Entertainment under MCL 436.1801, the Michigan Liquor Control Code, and no-fault PIP benefits from State Farm Mutual.
Big Five moved for summary disposition pursuant to MCR 2.116(C)(10), but plaintiff did not respond in a timely manner. After the deadline, plaintiff filed a motion to adjourn the summary disposition motion until she deposed Vanduker. The trial court denied plaintiff’s motion to adjourn and granted Big Five’s motion for summary disposition. The trial court also granted Big Five’s motion for costs and attorney fees under MCR 2.114 and MCL 600.2591.
The appellate court concluded, “None of plaintiff’s arguments on appeal have merit. Accordingly, we affirm.”
Reasonable attorney fees in this and similar cases are also addressed in some detail in the court ruling.
Click on the link to read the appellate court’s 23-page per curiam opinion in Kathy Hahn V Gary Vanduker, Robert Ely Peterson, Big Five Entertainment, Inc., and State Farm Mutual Automobile Insurance Company, No. 349427, Oakland Circuit Court, LC No. 2017-162032-NI, April 15, 2021.