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IMLAY v. CITY OF LAKE CRYSTAL

No. CX-88-2551.

453 N.W.2d 326 (1990)

Steven L. IMLAY, et al., Petitioners, Appellants, v. CITY OF LAKE CRYSTAL d/b/a Lake Crystal Municipal Liquor Store, et al., Defendants and Third-Party Plaintiffs, Respondents, v. Vicki CARVER, Administrator of the Estate of Virgil H. Miller, Deceased, Third-Party Defendant, State of Minnesota, Intervenor.

Supreme Court of Minnesota.

March 30, 1990.

Attorney(s) appearing for the Case

Mary C. Cade, David J. Moskal, Schwebel, Goetz & Seiben, Minneapolis, John M. Riedy, McLean Peterson Law Firm, Mankato, for appellants.

Lindsay G. Arthur, Jr., Katherine L. MacKinnon, Arthur, Chapman & McDonough, Minneapolis, for respondents.

Hubert H. Humphrey, III, P. Kenneth Kohnstamm, Atty. General's Office, St. Paul, for intervenor.

Heard, considered, and decided by the court en banc.

POPOVICH, Chief Justice.

Appellants brought a personal injury action against respondent city, in its capacity as operator of a liquor store, for injuries sustained in a collision with an uninsured, intoxicated motorcyclist who was served alcoholic beverages by respondent while obviously intoxicated. Respondent city filed a third-party action against the motorcyclist's estate. The jury found respondent city 20% at fault and the motorcyclist 80%, and returned a verdict...

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