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HOLMQUIST v. MILLER

Nos. C7-83-1919, C7-84-84 and CX-84-371.

352 N.W.2d 47 (1984)

Gerald HOLMQUIST and Helen K. Holmquist, the Legal Guardians and Next of Kin of Barbie Jo Holmquist, deceased; and Gerald W. Holmquist as Trustee for the use and benefit of Gerald W. Holmquist and Helen K. Holmquist, Respondents (C7-83-1919), v. Gerald MILLER and Harold Miller and Agnes Miller, Appellants. and Kevin Lee SHIMMIN and Larry Shimmin and Bonita M. Shimmin; East End Bottle Shop, Inc., a Minnesota Corporation, Respondents. Scott Thomas Hemingson, Appellant (C7-84-84), v. James GABBERT, Respondent. Russell KNUTSON, Appellant (CX-84-371), v. Barry BARBER, et al., Respondents.

Court of Appeals of Minnesota.

June 19, 1984.

Attorney(s) appearing for the Case

Steven W. Schneider, Halverson, Watters, Bye, Downs & Maki, Duluth, for Miller.

George G. Eck, Dorsey & Whitney, Minneapolis, for Hemingson.

Thomas G. Johnson, Wilmar, for Knutson.

Michael Orman, Harper, Eaton, Peterson, Overom & Orman, Duluth, for Holmquist et al.

Kay Nord Hunt, Lommen, Nelson, Sullivan & Cole, Minneapolis, for Gabbert.

Heard, considered and decided by SEDGWICK, P.J., and PARKER and CRIPPEN, JJ.

OPINION

PARKER, Judge.

These cases raise questions about the civil liability of social hosts for damages caused by their furnishing intoxicating liquor to a minor. The common questions raised in these appeals are (1) Is an adult, not a commercial vendor, who sells to or procures intoxicating liquor for a minor liable under the Civil Damages Act for damages caused by the minor's intoxication? and (2) Does the Civil...

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