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OSLUND v. JOHNSON

No. C4-97-253.

567 N.W.2d 89 (1997)

James Bruce OSLUND, Plaintiff, v. Grant Stephen JOHNSON, Defendant, and James Leonard JOHNSON, Defendant and Third-Party Plaintiff, Appellant, v. Matthew CHAMERNICK, et al., d/b/a CC Club, Third-Party Defendants, Respondents, Toonen, Inc. d/b/a Uptown Bar & Cafe, Third-Party Defendant, Respondent.

Court of Appeals of Minnesota.

Review Granted October 4, 1997.

Attorney(s) appearing for the Case

Lawrence M. Rocheford, Elizabeth B. Hayes, Jardine, Logan & O'Brien, P.L.L.P., St. Paul, for Appellant.

Steven E. Tomsche, Tomsche & Tomsche, P.A., Minneapolis, for Respondent Toonen.

Michael J. Dwyer, Virginia A. Dwyer, Grannis & Hauge, P.A., Eagan, for Respondents Chamernick, et al.

Considered and decided by CRIPPEN, P.J., and HUSPENI and WILLIS, JJ.

OPINION

HUSPENI, Judge.

Respondents, two liquor licensees, were granted summary judgment on the ground that appellant, a vicariously liable tortfeasor, had notice of the victim's claim against appellant more than 60 days before appellant notified respondents of his claims against them, thereby violating the Minn.Stat. § 340A.802 notice requirement for bringing an action against liquor licensees. Because we conclude that section 340A.802 does not apply...

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