Osborne v. Twin Town Bowl, Inc.

749 N.W.2d 367, 2008 Minn. LEXIS 289, 2008 WL 2229473
CourtSupreme Court of Minnesota
DecidedMay 30, 2008
DocketA06-1007
StatusPublished
Cited by48 cases

This text of 749 N.W.2d 367 (Osborne v. Twin Town Bowl, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Osborne v. Twin Town Bowl, Inc., 749 N.W.2d 367, 2008 Minn. LEXIS 289, 2008 WL 2229473 (Mich. 2008).

Opinions

OPINION

ANDERSON, PAUL H., Justice.

Michael Riley Jr.’s family brought a dram shop action against a bowling alley under Minn.Stat. § 340A.801 (2006). The family alleges that the bowling alley’s illegal sale of alcohol caused Riley to be intoxicated, and that this intoxication caused [369]*369Riley to jump to his death into the Minnesota River. The Blue Earth County District Court granted the bowling alley’s request for summary judgment, finding, as a matter of law, that Riley’s intoxication was not a proximate cause of his injury. The Minnesota Court of Appeals affirmed. Because we conclude that a genuine issue of material fact exists concerning the issue of proximate cause, we reverse and remand for trial.

With the exception of the issue of proximate cause, the underlying facts concerning the events that took place before 24-year-old Michael Riley Jr. jumped to his death from the Highway 14 Bridge are undisputed. On April 18, 2001, Riley went out drinking with friends at a bowling alley establishment owned and operated by respondent, Twin Town Bowl, Inc., d/b/a Jerry Dutler Bowl. Twin Town Bowl is located in the city of Mankato. Riley left Twin Town Bowl in the early morning hours of April 19, 2001, and drove off in a motor vehicle. Shortly thereafter, at approximately 1:30 a.m., Trooper Kevin McDonald of the Minnesota State Patrol observed Riley driving 74 miles per hour in a 50 mile per hour zone. At the time, Riley was driving north on Highway 169 in the City of North Mankato. McDonald turned on his patrol car’s emergency lights and sirens and pursued Riley. Riley did not stop his vehicle immediately but instead continued to drive for some distance.

Riley eventually stopped his vehicle near the middle of the Highway 14 Bridge over the Minnesota River. The Highway 14 Bridge connects the cities of North Man-kato and Mankato. When McDonald approached Riley’s vehicle to ask Riley for his driver’s license, McDonald noticed the smell of alcohol. Due to McDonald’s suspicions that Riley was intoxicated, he asked Riley to perform several field sobriety tests, all of which Riley failed. McDonald then directed Riley to blow into a device called a Preliminary Breathe Test (PBT), which showed that Riley’s blood alcohol level was 0.18. As a result of these tests, McDonald advised Riley that he would be placed under arrest for driving while impaired. According to McDonald, up until this point Riley had been cooperative and non-threatening.

McDonald did not handcuff Riley after he advised Riley that he would be placed under arrest. Rather, while Riley remained standing near the front of McDonald’s patrol car, McDonald briefly turned his back to Riley in order to place the PBT in his patrol car. After he turned away from Riley, McDonald faintly heard Riley say, “I’m outta here.” When McDonald turned around he saw Riley running toward the bridge’s railing, which was approximately 3 to 4 feet away from Riley. McDonald yelled, “No!” and tried to reach Riley, but before he could, Riley jumped off of the bridge’s railing and into the Minnesota River. The river was above flood stage at the time. Riley did not survive the jump and several months later his body was found and removed from the river.

Appellants — -Riley’s mother, father, sister, girlfriend, and daughter — brought a dram shop action against Twin Town Bowl under Minn.Stat. § 340A.801 (2006). In their complaint, appellants allege that Twin Town Bowl unlawfully sold alcohol to Riley when Riley was obviously intoxicated, and that this unlawful sale caused Riley to jump to his death into the Minnesota River. Appellants contend that Riley jumped into the river to avoid arrest under the mistaken belief that he could swim safely to shore.1

[370]*370Twin Town Bowl moved to dismiss appellants’ action pursuant to rule 12 and 56 of the Minnesota Rules of Civil Procedure, arguing that the appellants failed to state a claim upon which relief can be granted because Riley’s intoxication was not a proximate cause of his death. The district court denied the motion, concluding that dismissal was premature due to incomplete discovery.

After the completion of further discovery, Twin Town Bowl again moved for summary judgment. As part of their response to Twin Town Bowl’s motion, appellants submitted an expert psychological report as evidence that Riley’s intoxication was a substantial cause of him jumping into the river to escape arrest. The report is an unnotarized affidavit based on the expert’s examination of Riley’s medical and drug history and the expert’s interviews with Riley’s family and friends. The report notes that Riley often experienced blackouts when drinking excessively. Additionally, the report indicates that family and friends told the expert that Riley displayed personality changes while intoxicated, changes that included: “increased energy, flamboyance, grandiosity, aggressiveness, impulsivity, and thrill-seeking.” The report also includes the following information:

Mr. Riley had ⅞ * ⅞ conversations at a local drinking establishment * * *, only weeks prior to his jump, [where he] talked about a person who escaped the Mall of America police by jumping into the river and swimming across ⅜ * ⅜. Mr. Riley told others that he believed he could do the same thing. In his mother’s deposition, she cited conversations with him about his belief and claims and indicated that she tried to discourage him from such thinking because, in her opinion, it was an impossibility.

Based on his investigation, the expert gave the opinion that Riley was possibly in a blackout state when he jumped into the river and that “Riley would not have thought or attempted such an escape were he sober.”2

The district court granted Twin Town Bowl’s motion for summary judgment, finding that there was “no evidence and no genuine issue of material fact as to the essential element of causation.” The court of appeals affirmed, concluding that “[a]b-sent evidence that Riley’s intoxication was the reason for his speeding, [McDonald’s] stop, or Riley’s fleeing arrest, these actions constitute breaks in the chain of causation between Riley’s intoxication and his drowning.” Osborne v. Twin Town Bowl, Inc., 730 N.W.2d 307, 311 (Minn.App.2007). One judge dissented, asserting that dram shop liability depends on “whether the intoxication impaired the patron’s physical or mental faculties so that his injurious actions can be said to result from the overservice and excessive consumption of alcoholic beverages.” Id. at 313 (Ross, J., dissenting). Further, the dissent stated that “[t]he caselaw that defines proximate cause does not invite courts to decide as a matter of law that proximate cause is lacking when, as here, the facts suggest a direct link between the intoxication and the overserved patron’s injurious act.” Id. [371]*371The dissent concluded that “[a] factfinder could decide that Riley’s intoxication so reduced his inhibitions, impaired his judgment, and deluded his perception that he chose imprudently to step from a bridge into a rushing river based on the misper-ception that he could swim safely to its bank.” Id. at 312-13. The sole issue presented on appeal is whether there is a genuine issue of material fact as to whether Riley’s intoxication was a proximate cause of him jumping to his death into the Minnesota River.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

C.B.S. v. United States
D. Minnesota, 2023
Keenan v. Holy See
D. Minnesota, 2023
Warren v. Dinter
926 N.W.2d 370 (Supreme Court of Minnesota, 2019)
Henson v. Uptown Drink, LLC
922 N.W.2d 185 (Supreme Court of Minnesota, 2019)
Fenrich v. Blake Sch.
920 N.W.2d 195 (Supreme Court of Minnesota, 2018)
Buskey v. Am. Legion Post
910 N.W.2d 9 (Supreme Court of Minnesota, 2018)
Senogles v. Carlson
902 N.W.2d 38 (Supreme Court of Minnesota, 2017)
Blum v. Thompson
901 N.W.2d 203 (Court of Appeals of Minnesota, 2017)
Montemayor v. Sebright Products, Inc.
898 N.W.2d 623 (Supreme Court of Minnesota, 2017)
Leeco, Inc. v. Cornerstone Bank
898 N.W.2d 653 (Court of Appeals of Minnesota, 2017)
Randall v. Paul
897 N.W.2d 842 (Court of Appeals of Minnesota, 2017)
In re Estate of: Alice I. Engman, Decedent.
Court of Appeals of Minnesota, 2017
Julie Childs v. Fairview Health Services
Court of Appeals of Minnesota, 2016

Cite This Page — Counsel Stack

Bluebook (online)
749 N.W.2d 367, 2008 Minn. LEXIS 289, 2008 WL 2229473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osborne-v-twin-town-bowl-inc-minn-2008.