BOONE v. MARTINEZ

No. C5-96-297.

567 N.W.2d 508 (1997)

Michael BOONE, et al., Respondents, v. Aristeo MARTINEZ, Defendant, Palace Bar of Albert Lea, Inc., d/b/a the Palace Bar and Tom's Palace Bar, petitioner, Appellant.

Supreme Court of Minnesota.

August 7, 1997.


Attorney(s) appearing for the Case

Daniel J. Heuel, Muir, Heuel, Carlson & Spelhaug, P.A., Rochester, for Appellant.

John Beckmann, Daniel L. Scott, Hoversten, Johnson, Beckmann, Wellmann & Hovey, P.L.P., Austin, for Respondents.

Jeremiah P. Gallivan, Paul A. Banker, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, for Palace Bar.

Phillip Marron, Minneapolis, for Aristeo Martinez.

Heard, considered and decided by the court en banc.


OPINION

TOMLJANOVICH, Justice.

This case presents the question of when a bar is liable for injuries resulting from a fight between two patrons of the bar. The court of appeals held that although an attack may be sudden and unforeseeable, employees of the bar had a duty to protect a patron once the assault commenced. We disagree and instead hold that because a fight between patrons of a bar was sudden and unforeseeable, the bar was not liable in this case...

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