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GUTWEIN v. EDWARDS

No. C4-87-1983.

419 N.W.2d 809 (1988)

Sharon GUTWEIN, individually and as parent and guardian of Rhonda Gutwein, Appellant, v. Jack A. EDWARDS and Villa Foods, Inc., d/b/a Edwardo's, Respondents.

Court of Appeals of Minnesota.

March 1, 1988.

Attorney(s) appearing for the Case

Terrence M. Walters, Walters & McCaleb, Rochester, for Sharon Gutwein.

James C. Nordstrom, Klampe & Nordstrom, Rochester, for Rhonda Gutwein.

Jeffrey M. Bauer, Foster, Waldeck & Lind, Ltd., Minneapolis, for respondents.

Considered and decided by WOZNIAK, C.J., and PARKER and SCHUMACHER, JJ., without oral argument.

OPINION

WOZNIAK, Chief Judge.

Appellant Sharon Gutwein commenced this action pursuant to Minn.Stat. § 340.95 (1984) after her husband was killed in a car accident. She claimed respondent Edwardo's bar sold intoxicating beverages to Ronald Gutwein when he was obviously intoxicated in violation of Minn.Stat. § 340.14 (1984). She appeals the trial court's grant of summary judgment in respondent's favor. We reverse and remand.

FACTS

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