LARSON v. CARCHEDI

No. CX-87-1650.

419 N.W.2d 132 (1988)

Vego Jon LARSON, Appellant, v. Dominic CARCHEDI, et al., Chmielewski, Inc., Howard Johnson Company, Respondents, Club Domino, Inc., Defendant, Godfather's Pizza of Minnesota, Lloyd Kenneth Geillinger, Respondents.

Court of Appeals of Minnesota.

February 16, 1988.


Attorney(s) appearing for the Case

Thomas P. Knapp, Hughes, Thoreen & Sullivan, St. Cloud, for Vego Jon Larson.

Michael K. O'Tool, Fletcher & O'Tool, St. Cloud, for Dominic Carchedi, et al.

Robert L. Collins, George Flynn, Faegre & Benson, Minneapolis, for Chmielewski, Inc.

Michael S. Kreidler, Lasley, Gaughan, Stich & Angell, Minneapolis, for Howard Johnson Company.

Debra Ellis, Thomson, Hawkins & Ellis, St. Paul, for Club Domino, Inc.

Barry G. Vermeer, Gislason, Dosland, Hunter & Malecki, Minneapolis, for Godfather's Pizza of Minnesota.

John Quinlivan, Steven R. Schwegman, Quinlivan, Sherwood, Spellacy & Tarvestad, St. Cloud, for Lloyd Kenneth Geillinger.

Heard, considered and decided by FOLEY, P.J., and SCHUMACHER and STONE, JJ.


OPINION

SCHUMACHER, Judge.

Vego Jon Larson appeals a summary judgment against him in a tort action brought under the Minnesota Liquor Liability Act, or "Dram Shop Act." He maintains that sufficient circumstantial evidence exists to establish that Lloyd Geillinger was obviously intoxicated within the meaning of the statute when he was served liquor at the defending establishments.

FACTS

Sometime around noon on November 19, 1980, Lloyd Kenneth...

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