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HERRLY v. MUZIK

No. C1-84-307.

374 N.W.2d 275 (1985)

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

Supreme Court of Minnesota.

Rehearing Denied October 23, 1985.

Attorney(s) appearing for the Case

Eric J. Magnuson, Roger R. Roe, Jr., Michael D. Tewksbury, Minneapolis, for Edgar J. Paine, d.b.a. Reno Inn.

Michael P. McDonough, Minneapolis, for Eastlund d.b.a. Forada Liquor Store.

Harry A. Sieben, Jr., David W.H. Jorstad, Minneapolis, Thomas J. Reif, Alexandria, for Muzik.

Heard, considered and decided by the court en banc.

COYNE, Justice.

Petitioners-defendants, liquor vendors and their owners, seek further review of a decision of the Court of Appeals reversing the summary judgment entered in their favor by the trial court. The Court of Appeals held that the 1977 amendment to the Civil Damage Act, Minn.Stat. § 340.95, altered prior law by making "complicity" a fault to be compared with that of others, rather than an absolute bar to recovery in a Dram Shop action. We reverse.

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