2010AP882 Flynn v. Audra’s Corp.

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Torts
Tavern owner’s duty; business premises

A tavern owner’s duty to protect its customers from third persons extends to property it does not own but uses as a parking lot.

“Here, Flynn was approximately thirty to thirty-five feet from the Chuckwagon building when he was punched. It is undisputed that Audra’s does not own the property where Flynn’s injuries occurred, but it uses that property as a parking lot. Flynn asserts the Department of Transportation gave Audra’s permission to use the property as a parking lot, and Audra’s does not dispute this assertion. Furthermore, Audra’s maintains the property by plowing it during the winter. Based on the Alonge rationale, we see no legitimate difference between the area of the parking lot owned by the tavern and the area adjacent to it with respect to the tavern’s ability to know or have reason to know whether Flynn was at risk of injury. Therefore, we conclude Flynn’s injuries occurred on the tavern’s premises.”

Affirmed.

Recommended for publication in the official reports.

2010AP882 Flynn v. Audra’s Corp.

Dist. III, Florence County, Nielsen, J., Peterson, J.

Attorneys: For Appellant: O’Dea, Raymond J., Marquette, MI; Nordeen, William T., Marquette, MI; For Respondent: Waara, Jonny L., Iron River, MI

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