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FITZER v. BLOOM

No. 46482.

253 N.W.2d 395 (1977)

Lillian FITZER, as Trustee for the Next of Kin of William Fitzer, Decedent, Respondent, v. Norman BLOOM, et al., defendants and third party plaintiffs, Appellants, v. Linda Rae DZURIS, Third Party Defendant, Bradley Taylor, third party defendant, Respondent, Harold Lynch, Individually and d.b.a. Boulevard Liquor Store, third party defendant, Respondent.

Supreme Court of Minnesota.

April 29, 1977.

Attorney(s) appearing for the Case

Cousineau, McGuire, Shaughnessy & Anderson, Henry A. Cousineau, Jr., Minneapolis, for appellants.

DeParcq, Anderson, Perl & Hunegs and Richard G. Hunegs, Minneapolis, for Fitzer.

Richards, Montgomery, Cobb & Bassford and Jerome C. Briggs and Robert Merrill Rosenberg, Minneapolis, for Taylor.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, J. Richard Bland and O. C. Adamson II, Minneapolis, for Lynch.

Considered and decided by the court en banc.

YETKA, Justice.

This wrongful death action was brought by plaintiff-trustee for the next of kin of William Fitzer, who was killed in an automobile accident caused by a minor driver who had been drinking intoxicating liquor. Fitzer was a passenger in his own automobile driven by Linda Rae Dzuris, when it collided with an automobile driven by Linda Bloom and owned by her father, Norman Bloom. Bradley Taylor, a minor, purchased the liquor consumed by Linda Bloom at a...

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