Successful appeal of dismissal of injury claim against West Duluth tavern
Jim Balmer is happy to announce a successful appeal of the dismissal of his client’s claim against a West Duluth tavern. Jim’s client suffered a broken leg in a fracas at the tavern December 28th, 2013, resulting in costly medical procedures, prolonged disability and associated wage loss from his construction job. The fight erupted between some other members of the client’s group and other customers. The client was injured while trying to protect his spouse from injury in the melee.
Jim brought suit against the tavern for failure to maintain proper order in the tavern that evening, contending the other customers who started the fight in which his client was injured were troublemakers well-known to the tavern personnel and owner, so that the tavern should have barred them from the premises to prevent just this sort of fight and resulting injury. Indeed, the tavern owner DID bar the other customers from the premises afterwards.
A District Court trial judge dismissed the ensuing legal action on motion by the insurance company for the tavern. The Minnesota Court of Appeals agreed with Attorney Balmer that the troublemaking by the other customers prior to the December 28th, 2013 incident was sufficient notice to the tavern to have taken steps to protect its customers, including Jim’s client. The Court of Appeals reversed the order for dismissal, ordering the matter be set for jury trial in Duluth, instead.
Jim and his client are now preparing for the trial, to be set on a date yet to be assigned by the Minnesota District Court. They are excited to be given their day in court.