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HERRLY v. MUZIK

No. C1-84-307.

355 N.W.2d 452 (1984)

Kenneth R. HERRLY, Appellant, v. Steven John MUZIK, Respondent, Floyd A. Eastlund, d/b/a Forada Liquor Store, Respondent, Edgar J. Paine, d/b/a Reno Inn, Respondent, Jerome and Linda Miller, d/b/a The Barrell Inn, Defendants.

Court of Appeals of Minnesota.

October 2, 1984.

Attorney(s) appearing for the Case

Keith M. Brownell, Duluth, David Jorstad, Minneapolis, for Herrly.

Thomas J. Reif, Thornton, Hegg, Reif & Johnston, Alexandria, for Muzik.

Michael P. McDonough, McDonough, Geck & Cronan, Minneapolis, for Eastland.

Eric Magnuson, Rider, Bennett, Egan & Arundel, Minneapolis, for Paine.

Logan N. Foremann, III, Stephen S. Eckman, Eckman, Strandness & Egan, P.A., Minneapolis, for amicus curiae MN Trial Lawyers Assoc.

Heard, considered, and decided by LANSING, P.J., and WOZNIAK and FORSBERG, JJ.

OPINION

WOZNIAK, Judge.

In this dram shop action, the three bars involved moved for a partial summary judgment on the ground that the plaintiff was barred from recovery because he had actively participated in the events leading to the drunkenness of the driver of the car in which he was injured. The trial court granted the motion. In an amended order, the trial court certified that there was no just reason for delay and judgment was entered under Rule 54...

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