Legleiter v. Gottschalk

PlERRON, J.:

Brent Legleiter appeals the district court’s granting of summary judgment to Kenneth Gottschalk d/b/a Brass Rail Tavern (tavern), after he was injured in a fight with a third party outside of the tavern. The district court found Legleiter was injured on public property, not possessed or controlled by Gottschalk or his employees, and therefore, as a matter of law, no liability existed on Gottschalk’s part to control the actions of third parties. We affirm.

On the evening of October 2, 2001, Brian Gribben was the manager and bartender of the tavern and was the only employee working…