Kelly v. Ellefson
Minnesota Supreme Court
712 N.W.2d 759 (2006)
- Written by Sean Carroll, JD
Facts
Kelly Ann Kelly was riding in the car of Jason Ellefson (defendant) after the two spent some time at Lido’s (defendant), a tavern. Ellefson got into a car accident with a truck owned by Supreme Transport (defendant), killing Kelly Ann. Kevin Kelly (plaintiff), Kelly Ann’s husband, filed an initial complaint against Ellefson, Lido’s, and Supreme Transport, alleging among other things that Ellefson had become intoxicated at Lido’s. Kevin settled with Ellefson and Lido’s, leaving Supreme Transport as the only adversary at trial. Kevin went to trial on the theory that Ellefson actually was not drunk upon leaving Lido’s. Supreme Transport sought to introduce Kevin’s original complaint as evidence that Ellefson was drunk. The district court excluded the complaint. Supreme Transport appealed, arguing that Kevin’s complaint was admissible as an admission by party opponent.
Rule of Law
Issue
Holding and Reasoning (Anderson, J.)
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