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JOHNSON v. MILLER

No. C9-85-2.

371 N.W.2d 94 (1985)

Oscar Walter JOHNSON, Appellant, v. Michael J. MILLER, Respondent.

Court of Appeals of Minnesota.

July 23, 1985.

Attorney(s) appearing for the Case

Richard G. Day, Wright S. Walling, Minneapolis, for appellant.

Daniel J. Buivid, Jr., Minneapolis, for respondent.

Heard, considered and decided by SEDGWICK, P.J., and WOZNIAK and RANDALL, JJ.

OPINION

SEDGWICK, Judge.

Plaintiff Oscar W. Johnson appeals the trial court's decision precluding his recovery in this negligence action. We reverse and remand.

FACTS

Respondent Michael J. Miller owns the residential rental property located at 2822 Oliver Avenue North in Minneapolis. For two years before December 1979, he leased the bottom half of the duplex to Paul Pawlenty. Pawlenty had a drinking problem and occasionally threw things...

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