URBAN v. AMERICAN LEGION DEPT. OF MINNESOTA

No. A04-1409.

723 N.W.2d 1 (2006)

Marcus Robert URBAN, et al., Appellants, v. The AMERICAN LEGION DEPARTMENT OF MINNESOTA, Respondent, The American Legion and its Subdivisions, Respondent.

Supreme Court of Minnesota.

October 19, 2006.


Attorney(s) appearing for the Case

Leo F. Feeney, Richard L. Gill, Randall Matthew Tietjen, Robins, Kaplin, Miller & Ciresi, L.L.P., Minneapolis, for appellant.

Daniel A. Haws, Thomas A. Gilligan, Murnane, Conlin, White & Brandt, St. Paul, William M. Hart, Jenneane, L. Jansen, Melissa Dosick Riethof, Meagher & Geer, P.L.L.P., Minneapolis, Donald H. Walser, Judge Advocate, Dept. of MN, Kraft, Walser, Hettig, & Honsey, Hutchinson, for respondent.

Mike hatch, Atty. Gen., St. Paul, for amicus.

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


OPINION

ANDERSON, G. BARRY, Justice.

The tragedy that gives rise to this litigation occurred on August 10, 2000, when a drunk driver struck the Urban family car, leaving wife and mother Barbara Urban dead and children Marcus and Brett Urban with serious and lifelong injuries. The Urbans sued American Legion Post 184 under the Civil Damages Act, Minn.Stat. §§ 340A.801-.802 (2004) ("CDA"), alleging that Post 184 illegally served the drunk driver...

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