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.