Michigan High Court Refuses to Hear Dairy Queen Appeal

Did a taste for Dilly Bars contribute to a fatal crash in northern Michigan?

The Michigan Supreme Court won’t take an appeal in a lawsuit that blames a long line outside a Prudenville Dairy Queen for a crash that killed a motorcyclist in 2007.

Gusty Dirette was riding on M-55 in Roscommon County when he was struck by a car. The driver, Casey VanWormer, says he couldn’t see past the 10 to 15 people standing in front of a Dairy Queen on a warm August day.

Dirette’s estate claims the line was a public nuisance. But the state appeals court said a condition that requires a motorist to yield or wait doesn’t unreasonably interfere with safety.

The Supreme Court this week said it will let that decision stand.