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RAMBAUM v. SWISHER

No. CO-87-2192.

423 N.W.2d 68 (1988)

Anthony RAMBAUM, Respondent, v. Susan Lynn SWISHER, Respondent, Hrvatski Dom, an association, Appellant.

Court of Appeals of Minnesota.

Review Granted June 29, 1988.

Attorney(s) appearing for the Case

Edward Lynch, Thuet, Lynch, Pugh & Rogosheske, S. St. Paul, for Anthony Rambaum, respondent.

Bradley Cosgriff, Lee L. La Bore & Assoc., Ltd., Hopkins, for Susan Lynn Swisher, respondent.

Rolf E. Sonnesyn, Foster, Waldeck & Lind, Ltd., Minneapolis, for Hrvatski Dom, an ass'n appellant.

Heard, considered and decided by HUSPENI, P.J., and PARKER and MULALLY, JJ.

OPINION

PARKER, Judge.

Anthony Rambaum was seriously injured when he was struck by a car driven by Susan Swisher, who was intoxicated at the time. He sued Swisher on a theory of negligence; O'Neill's Bar on the grounds that its sale of alcohol to Swisher was to an obviously intoxicated person and thus in violation of the Dramshop Act; and Hrvatski Dom on the theory that its sale of alcohol to Swisher, a non-club member or non-guest, violated its club liquor...

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