Dykema v. Gus Macker Enterprises, Inc.

492 N.W.2d 472 (1992)

Facts

D organized and conducted the Gus Macker basketball tournament. Defendants Primebank Financial Corporation and Reebok International, Ltd., were official sponsors and advertisers of the basketball tournament. It was held outdoors on public streets.  There were no admission fees. P attended the tournament as a non-paying spectator. A thunderstorm struck the area. During the storm, the winds were blowing in excess of forty miles an hour. P, while running for shelter, was struck by a falling tree limb and paralyzed. P sued D for negligence. P argued that a special relationship existed and that D was under a duty to warn P of an approaching thunderstorm. D moved for summary disposition, and it was granted. P appealed.