Supreme Court of Minnesota
David Lee Henson v. Uptown Drink, LLC, Assurance Company of America
January 23, 2019922 N.W.2d 185
Summary
The Supreme Court of Minnesota affirmed the reversal of summary judgment for Uptown Drink on both the innkeeper-negligence and dram-shop claims. It held that implied primary assumption of risk does not categorically apply to injuries arising from operating or patronizing a bar, and that disputed facts existed concerning foreseeability and proximate cause. The court concluded that a fact-finder could determine whether the patrons' intoxication and conduct caused the fatal fall.