Minnesota Statutes

Minn. Stat. § 340.95 (2026)

[Repealed]

✓ current as of May 2026
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[Repealed, 1985 c 305 art 13 s 1; renumbered 340A.801]

Notes of Decisions
Cited in 113 cases (1 in the last 5 years), 1943–2024 · leading case: Herrly v. Muzik, 374 N.W.2d 275 (Minn. 1985).
Herrly v. Muzik, 374 N.W.2d 275 (Minn. 1985). · cites it 44× “The Court of Appeals held that the 1977 amendment to the Civil Damage Act, Minn.Stat. § 340.95, altered prior law by making "complicity" a fault to be compared with that of others, rather than an absolute bar to recovery in a Dram Shop action.”
Mcguire v. C & L Restaurant Inc., 346 N.W.2d 605 (Minn. 1984). · cites it 28× “, a Minnesota corporation doing business as Southfork Bar, for personal injury damages under Minn.Stat. § 340.95 (1980) (the Minnesota Civil Damage Act), appellant received a verdict against respondent C & L Restaurant in excess of 1250,00o.”
Wegan v. Vill. of Lexington, 309 N.W.2d 273 (Minn. 1981). · cites it 28× “, plaintiffs-appellants brought suit pursuant to the Minnesota Dram Shop Act, Minn.Stat. § 340.95 (1980), for recovery of damages they suffered in accidents allegedly caused by the illegal sale of liquor to defendant drivers.”
Pautz v. Cal-Ros, Inc., 340 N.W.2d 338 (Minn. 1983). · cites it 54× “, and others, for damages under the Civil Damages Act, Minn.Stat. § 340.95 alleging that a bar owned and operated by Cal-Ros served Pautz liquor when he was obviously intoxicated and that his intoxication was a cause of the fire.”
Robinson v. Lamott, 289 N.W.2d 60 (Minn. 1979). · cites it 24× “On May 12, 1978, defendants moved for summary judgment against Everett Robinson (hereinafter “plaintiff”) on the ground that a party injured as a result of his own intoxication could not maintain an action under § 340.95. Plaintiff responded by claiming through affidavits and…”
Jones v. Fisher, 309 N.W.2d 726 (Minn. 1981). · cites it 20× “In addition, $10,000 in no-fault death benefits was paid to the trustee by Kortuem's motor vehicle insurer. Mrs. Jones and her two children, each in their own name, also brought a separate dramshop action against the Legion and VFW bars under Minn.”
Hannah v. Jensen, 298 N.W.2d 52 (Minn. 1980). · cites it 16× “Plaintiff appeals from the order and judgment of the district court dismissing his claim against the bar owners on the ground that the "fireman's rule" precluded him from recovering from the bar owners under either common-law negligence [1] or the Minnesota Liquor Liability…”
Hannah v. Chmielewski, Inc., 323 N.W.2d 781 (Minn. 1982). · cites it 24× “Wilma Hannah, the wife of police officer Delbert Hannah, brought this action under Minn.Stat. § 340.95 (1980), the Civil Damage Act (Dram Shop Act), in order to recover for damage to her means of support when her husband was injured in the line of duty by an intoxicated person…”
Kuiawinski v. Palm Garden Bar, 392 N.W.2d 899 (Minn. Ct. App. 1986). · cites it 33× “Minn.Stat. § 340.95 (1984). Section 604.01 is Minnesota's comparative fault statute and provides for the decreasing in an award of civil damages by the proportion that a tort victim was contributorily negligent.”
Dahl v. Nw. Nat'l Bank Minneapolis, 121 N.W.2d 321 (Minn. 1963). · cites it 26× “Plaintiff's suit is against the executor of Revsbech's estate and the surety company which furnished the bond required by § 340.”
State Farm Mut. Auto. Ins. v. Vill. of Isle, 122 N.W.2d 36 (Minn. 1963). · cites it 16× “" It is the contention of defendant in the State Farm Mutual case that under § 340.95 State Farm Mutual, as insurer in the automobile liability policy, was unauthorized to bring this action against defendant because under our decisions its insured could not do so because of his…”
Adamson v. Dougherty, 81 N.W.2d 110 (Minn. 1957). · cites it 19× “It is the three children for whose benefit the present actions under § 340.95 have been instituted. On appeal it is defendant’s contention that the trial court erred in striking the defenses above referred to in that (1) § 340.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.