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COLE v. CITY OF SPRING LAKE PARK

Nos. 50835, 50836, 51158 and 51301.

314 N.W.2d 836 (1982)

Jeffrey COLE, Appellant, v. CITY OF SPRING LAKE PARK, etc., Defendant, Rudolph Noreen, et al., Respondents, and Candace PILARSKI, Appellant, v. CITY OF SPRING LAKE PARK, etc., Defendant, Rudolph Noreen, et al., Respondents, and Paul L. WETTSCHRECK, Appellant, v. Frank Thomas KOZLOWSKI, Respondent, Roy James Kreuser, Defendant, Thomas A. Schroeder, et al., Respondents, and Anna LIST as Trustee of Frank List, et al., Appellants, v. Patrick J. SCOLES, Respondent, Rolf E. Johnson, Respondent.

Supreme Court of Minnesota.

Rehearing Denied March 23, 1982.

Attorney(s) appearing for the Case

Smith, Juster, Feikema, Malmon & Haskvitz and J. Christopher Cuneo, Minneapolis, for Cole and Pilarski.

Jon R. Duckstad, St. Paul, for Wettschreck.

Paige Donnelly Ltd. by Robert Webster, St. Paul, for List.

Lommen, Nelson, Sullivan & Cole and Wells Anderson, Minneapolis, for Noreen.

Alton, Severson & Sovis, Apple Valley, for Kozlowski.

Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, for Schroeder, et al.

Peterson, Bell & Converse, St. Paul, for Scoles.

Reding & Votel, St. Paul, for Johnson.

Meshbesher, Singer & Spence and Carol Grant, John P. Clifford and Gerald J. Seibel, Minneapolis, for Minn. Trial Lawyers.

Considered and decided by the court en banc.

WAHL, Justice.

The question raised by each of the four appeals we consider here is whether the legislature has preempted a common-law cause of action for negligence against a social host who furnishes liquor to an intoxicated guest where the guest later causes injury to a third party as a result of being intoxicated. Jeffrey Cole v. City of Spring Lake Park, et al., S.Ct. File No. 50835, and Candace Pilarski v...

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