Milbank Mutual Insurance v. Village of Rose Creek

Rogosheske, Justice.

Plaintiff, Milbank Mutual Insurance Company, by this action seeks contribution from defendant, the village of Rose Creek, the operator of a municipal liquor store, for one-half of $17,000 paid on behalf of plaintiff’s insured, David Schmit, in settlement of a claim against him arising out of an automobile accident which resulted in the death of a passenger in the automobile operated by Schmit. The contribution sought is based upon the parties’ stipulation that the passenger’s death was concurrently caused by the negligence of Schmit and the illegal sale of intoxicating…