Talaal Bond

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.

The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's action for damages arising from a motorcycle accident allegedly caused by an unidentified vehicle.

The insurer argued the claim was statute-barred due to the plaintiff's failure to report the accident to the police or the insurer within the prescribed time limits, and that the accident could not have occurred as described.

The court dismissed the motion, finding genuine issues requiring a trial regarding whether the plaintiff is entitled to relief from forfeiture, whether the identity of the vehicle was ascertainable with due diligence, and whether the plaintiff is entitled to OPCF 44R coverage.