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Dykema v. Gus Macker Enterprises, Inc. | 492 N.W.2d 472 (1992)
People often joke that if you want to know what the weather is like, go outside and look up. But if you’re already outside, is it your responsibility to know current weather conditions? In Dykema versus Gus Macker Enterprises, we’ll see whether the organizer of an outdoor sporting event had a legal duty to warn spectators about an approaching thunderstorm.
In July of 1998, Gus Macker Enterprises hosted a free outdoor basketball tournament. Spectators weren’t required to have tickets for the event and could come and go as they pleased at any time. Lee Dykema and his wife, Linda, attended the basketball tournament as nonpaying spectators. While the tournament was underway, a thunderstorm rolled into the event area. Dykema and the other spectators were able to see the storm approaching because the event was outdoors. The storm was intense and caused wind gusts of over 40 miles per hour. During the storm, Dykema attempted to seek shelter but was hit by a falling tree branch. Dykema was paralyzed from his injuries.
Dykema sued Macker. Dykema claimed that Macker had a duty to warn Dykema about the approaching storm because there was a special relationship between Dykema, a spectator, and Macker, an event organizer. Macker filed a motion for summary disposition, or summary judgment, claiming that there wasn’t a special relationship and therefore no legal duty to warn spectators about the storm. The trial court granted Macker’s motion for summary disposition. Dykema appealed to the Michigan Court of Appeals.
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