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HAMMERSCHMIDT v. MOORE

No. 47758.

274 N.W.2d 79 (1978)

Marilyn J. HAMMERSCHMIDT, Individually and as mother and natural guardian of Sharon J. Hammerschmidt, et al., Plaintiffs, v. Michael J. MOORE and Myra Moore, Individually and d. b. a. Coates Station Bar, et al., Defendants and Third-Party Plaintiffs, Appellants, v. Dennis TREML and Wallace Woldengen, Individually and d. b. a. Round-Up Bar, Inc., et al., Third-Party Defendants, Respondents, Gary Kummer and Joe C. Kummer, Individually and d. b. a. W-K Black Stallion Supper Club, Inc., Third-Party Defendants, Respondents, L. Charles Peterson, Special Administrator of the Estate of Joe Hammerschmidt, Decedent, Third-Party Defendant.

Supreme Court of Minnesota.

November 17, 1978.

Attorney(s) appearing for the Case

Arthur, Chapman & Michaelson and Robert W. Kettering, Jr., Minneapolis, for appellants.

Faegre & Benson and George W. Flynn and John P. Borger, Minneapolis, for respondent Treml and Woldengen.

Carroll, Cronan, Roth & Austin, Minneapolis, for respondent Kummer.

Considered and decided by the court en banc.

KELLY, Justice.

This is an appeal from a judgment of the district court granting a third-party defendant's motion for dismissal of a third-party complaint. The question for decision is whether the notice requirements of Minn.St. 340.951, which requires that written notice be given the licensee of any licensed liquor establishment within 120 days after the injury, is a condition precedent to a third-party action for contribution...

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