Herrly v. Muzik

COYNE, Justice.

Petitioners-defendants, liquor vendors and their owners, seek further review of a decision of the Court of Appeals reversing the summary judgment entered in their favor by the trial court. The Court of Appeals held that the 1977 amendment to the Civil Damage Act, Minn.Stat. § 340.95, altered prior law by making “complicity” a fault to be compared with that of others, rather than an absolute bar to recovery in a Dram Shop action. We reverse.

The plaintiff Kenneth Herrly was severely injured on April 18, 1981 while a passenger in a truck driven by Steven Muzik, when the latter…