Jones v. Fisher

SCOTT, Justice.

During the prior evening and the early morning hours of July 18,1976, Terry Jones (Jones) was a patron at the American Legion and VFW bars in Wells, Minnesota, and also at a 3.2 tavern known as “The Barn,” owned by Carl Fisher (Fisher). About 4:30 that morning, Jones, then a pedestrian and allegedly intoxicated, was struck and killed by an automobile driven by Rita Kortuem (Kortuem) and owned by Rita Gallagher (Gallagher). Jones was survived by his wife and two children.

Mrs. Jones, as trustee, brought a wrongful death action against the automobile driver and owner. The suit was…