JONES v. FISHER

No. 50322.

309 N.W.2d 726 (1981)

Joan JONES, individually, and as guardian ad litem for Tracey Jones and Nicole Jones, Respondent, v. Carl FISHER, Jr., d. b. a. "The Barn," Respondent, Wells (Minnesota) Post 1778, Veterans of Foreign Wars, Department of Minnesota, Respondent, Wells (Minnesota) Post 210, American Legion, Department of Minnesota, Respondent. Joan JONES, as trustee of the next of kin of Terry Jones, deceased, Respondent, v. Rita KORTUEM and Rita Gallagher, Defendants and Third Party Plaintiffs, Appellants, v. Carl FISHER, Jr., d. b. a. "The Barn," Third Party Defendant, Respondent, Wells (Minnesota) Post 1778, Veterans of Foreign Wars, Department of Minnesota, Third Party Defendant, Respondent, Wells (Minnesota) Post 210, American Legion, Department of Minnesota, Third Party Defendant, Respondent.

Supreme Court of Minnesota.

August 21, 1981.


Attorney(s) appearing for the Case

William J. Nierengarten, Austin, for appellants.

Frundt, Frundt & Johnson and Michael Johnson, Blue Earth, for Jones.

Farrish, Johnson, Maschka, Hottinger, Sheran & Salsbery, Mankato, for Wells (Minnesota) Post 1778, Vet. of Foreign Wars, Dept. of Mn.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and J. Richard Bland, Minneapolis, for Wells (Minnesota) Post 210, American Legion, Dept. of Mn.

F. Martin Senn, Waseca, for Fisher, d. b. a. "The Barn".

Baudler, Baudler & Maus and William J. Baudler, Austin, for Fisher, d. b. a. "The Barn".

Heard before OTIS, PETERSON, and TODD, JJ., and considered and decided by the court en banc.


SCOTT, Justice.

During the prior evening and the early morning hours of July 18, 1976, Terry Jones (Jones) was a patron at the American Legion and VFW bars in Wells, Minnesota, and also at a 3.2 tavern known as "The Barn," owned by Carl Fisher (Fisher). About 4:30 that morning, Jones, then a pedestrian and allegedly intoxicated, was struck and killed by an automobile driven by Rita Kortuem (Kortuem) and owned by Rita Gallagher (Gallagher). Jones was survived by his...

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