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Flanigan v. Vichunas8/6/2002
iminal acts of third parties" and are "not obligated to do anything more than reasonably expedite the involvement of the police" once criminal activity becomes apparent. Id., 338. The Court acknowledged that criminal acts are "irrational and unpredictable" and held that "it is unjustifiable to make merchants, who not only have much less experience than the police in dealing with criminal activity, but are also without a community deputation to do so, effectively vicariously liable for the criminal acts of third parties." 464 Mich 335.
To the extent that previous decisions of this Court state a different standard, such as Gorby v Yeomans, 4 Mich App 339; 144 NW2d 837 (1966), on which plaintiff relies, it must be concluded that such cases have been impliedly overruled by Mason and MacDonald. Furthermore, Gorby is distinguishable on its facts, because the altercation in that case occurred inside the tavern in view of the staff and the staff unreasonably failed to summon the police or do anything at all once the disturbance became obvious. Id., 344. Consequently, we must conclude that the trial court in this case did not err in granting summary disposition to defendants with regard to plaintiff's premises liability claim.
Affirmed.
Christopher M. Murray
David H. Sawyer
Brian K. Zahra
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