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JOHNSON v. HELARY, INC.

No. C2-83-807.

342 N.W.2d 146 (1984)

Steven C. JOHNSON and Barbara J. Johnson, Appellants, v. HELARY, INC., d.b.a. Charlie's Club, Respondent, Universal Surety Company, Lincoln, Nebraska, Respondent.

Supreme Court of Minnesota.

January 13, 1984.

Attorney(s) appearing for the Case

H.L. Newby, Jr., Newby, Dodge, Korman, Lingren, Warp & Newby, Ltd., Cloquet, for appellants.

David R. Ludwigson, Duluth, for respondent Universal Sur. Co.

Timothy Waldeck, Minneapolis, for respondent Helary, Inc., d/b/a Charlie's Club.

Considered and decided by the court en banc without oral argument.

COYNE, Justice.

The facts are not in dispute. On May 5 and 6, 1979, Steven and Barbara Johnson were patrons of Charlie's Club in Duluth. Charlie's is operated by Helary, Inc. Employees of the club sold liquor to Joel Washek. Wielding a pool cue, Washek assaulted and injured Steven Johnson. Steven's injuries caused Barbara Johnson to suffer the loss of her husband's services and consortium.

The Johnsons brought suit in March 1980 against Helary, Inc., and Universal...

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