Order Michigan Supreme Court
Lansing, Michigan
September 21, 2007 Clifford W. Taylor,
Chief Justice
133575 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
CHRISTOPHER DAWAYNE LAMAR, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 133575
COA: 272966
Oakland CC: 2005-066668-NO
RAMADA FRANCHISE SYSTEMS, INC., SAM
SALMAN YONO, GANDHI DAVID YONO,
SAYO, INC., d/b/a RAMADA INN SOUTHFIELD,
d/b/a YESTERDAYS,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the February 22, 2007
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
we REINSTATE the order of the Oakland Circuit Court granting summary disposition to
the defendants. The Court of Appeals erred in concluding that any questions about when
a fight started and how long it had been going on before the defendants’ employees
contacted the police created a genuine issue of material fact as to whether the defendants
took reasonable measures to respond to that fight. MacDonald v PKT, Inc, 464 Mich
322, 336 (2001).
KELLY, J., would deny leave to appeal.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
September 21, 2007 _________________________________________
l0914 Clerk