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Motion to strike third party claim denied; commercial host liability is distinct from plaintiff's contributory negligence.
The plaintiff sued a motel and a snow removal contractor for injuries sustained in a slip and fall on an icy walkway.
The motel pleaded contributory negligence against the plaintiff for consuming alcohol, and also brought a third party claim against a tavern for commercial host liability, alleging it over-served the plaintiff.
The tavern moved to strike the third party claim under Rule 21.01(1)(b), arguing the motel could not claim contribution for alcohol-related negligence already attributed to the plaintiff.
The court dismissed the motion, finding that a commercial host's liability for over-service is distinct from a plaintiff's contributory negligence for consuming alcohol, and thus the third party claim disclosed a reasonable cause of action.
