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OSLUND v. JOHNSON

No. C4-97-253.

578 N.W.2d 353 (1998)

James Bruce OSLUND, Plaintiff, v. Grant Stephen JOHNSON, Defendant. James Leonard JOHNSON, defendant and third-party plaintiff, Respondent, v. Matthew CHAMERNICK, et al., d/b/a/ CC Club, third-party defendants, petitioners, Appellants, Toonen, Inc., d/b/a/ Uptown Bar & Cafe, third-party defendant, petitioner, Appellant.

Supreme Court of Minnesota.

May 14, 1998.

Attorney(s) appearing for the Case

Steven E. Tomsche, Tomsche, Sonnesyn & Tomsche, P.A., Minneapolis, for Toonen, Inc.

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

Lawrence N. Rocheford, Sydnee N. Woods, Jardine, Logan & O'Brien, P.L.L.P., St. Paul, for James Leonard Johnson.

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

OPINION

ANDERSON, Justice.

Early in the morning on February 13, 1994, defendant Grant Johnson drove his father's van while intoxicated and rear-ended a city sanding truck driven by plaintiff James Oslund. Eleven months later, Oslund commenced an action against Grant Johnson's father, respondent James Johnson, for injuries arising from this accident. Fifty-eight days later, James Johnson served a notice of claim against the appellants, the CC Club and the...

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