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KUIAWINSKI v. PALM GARDEN BAR

No. CO-86-447.

392 N.W.2d 899 (1986)

Dawn KUIAWINSKI and Tyrel Kuiawinski, a minor, appearing by his natural guardian, Dawn Kuiawinski, Respondents, v. PALM GARDEN BAR, Appellant, and Lawrence Lake American Legion Post No. 476, Respondent.

Court of Appeals of Minnesota.

Review Denied October 29, 1986.

Attorney(s) appearing for the Case

Stephen S. Eckman, Eckman, Strandness & Egan, Minneapolis, for respondents.

Timothy W. Waldeck, Foster, Waldeck & Lind, Minneapolis, for appellant.

Gerald J. Brown, Brown, Andrew, Hallenbeck, Signorelli & Zaller, Duluth, for Lawrence Lake American Legion Post No. 476.

Heard, considered and decided by CRIPPEN, P.J., and LESLIE and NIERENGARTEN, JJ.

OPINION

NIERENGARTEN, Judge.

This case comes before us on a certification by the trial court for consideration of a decision that is "important and doubtful." See Minn.R.Civ.App.P. 103.03(h). The trial court construed recent legislation and determined that in a Dram Shop action, contributory negligence is not imputable to the spouse or child of an alleged intoxicated person (A.I.P.) and that any fault on the part of the A.I.P. does not in any way...

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