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Whitener v. Dahl6/27/2000
Sandra Bower died in a car accident after she consumed alcoholic beverages at Ronald Dahl's supper club. More than two years after the accident, the guardian for Bower's four minor children brought a civil-damages action against Dahl. Dahl moved for summary judgment, asserting that the action was barred by the civil damages act's two-year limitations period. The district court denied summary judgment, but certified as important and doubtful whether Minn. Stat. § 541.15(a)(1) (1994) applies to civil-damages actions. Settled common-law doctrine and principles of statutory interpretation compel us to conclude that the minority-tolling provisions do not apply to civil-damages actions; accordingly, we reverse.
FACTS
The district court submitted the following facts for certification purposes. Sandra Bower consumed alcohol at the Flowing Well Supper Club and left sometime between the late hours of December 5, 1995, and the early morning hours of December 6. At 7:16 a.m. on December 6, Bower was involved in a fatal collision with a vehicle driven by Shawn Paul Kologi and owned by Mahnomen Implement, Inc.
On March 9, 1999, the district court appointed Lee Miller guardian ad litem for Bower's four minor children. Miller, as guardian ad litem, brought a civil-damages action under Minn. Stat. § 340A.801 (1994) against Ronald Dahl, who owns and operates the Flowing Well Supper Club. Miller served Dahl with a summons and complaint in this action on April 1, 1999. When Bower died and when Dahl was served with process, Bower's four children were minors.
ISSUE
Do the minority-tolling provisions of Minn. Stat. §á541.15(a)(1) (1994) apply to actions brought under the Minnesota Civil Damages Act, Minn. Stat. §§á340A.801-.802 (1994)?
ANALYSIS
On appeal from summary judgment, we review the record to determine whether there are any genuine issues of material fact and whether the district court erred in its application of the law. Schulte v. Corner Club Bar, 544 N.W.2d 486, 488 (Minn. 1996). When, as in this case, the district court applies statutory language to undisputed facts, its conclusion is one of law, which this court reviews de novo. Id.
Chapter 541 of the Minnesota Statutes generally governs the limitation of actions in Minnesota. Actions must be commenced within the time periods provided in chapter 541 "except where a different limitation is prescribed by the uniform commercial code or, in special cases, by other statute." Minn. Stat. §á541.01 (1994). Section 541.15(a)(1) (1994) provides for tolling of statutes of limitation on most minors' claims until the minors reach 19 years of age. But medical-malpractice claims may in no case be tolled more than seven years. Minn. Stat. §á541.15(b) (1994).
The civil damages act creates a right of action by a person injured by the intoxication of another against the person who caused the intoxication by illegally selling alcoholic beverages. Minn. Stat. §á340A.801, subd. 1 (1994). The act contains a special statute of limitations providing that " o action may be maintained under section 340A.801 unless commenced within two years after the injury ." Minn. Stat. §á340A.802, subd. 2 (1994). The sole issue raised in this appeal is whether the minority-tolling provisions of section 541.15(a)(1) apply to toll the limitations period of the civil damages act.
The remedy the civil damages act provides is purely a statutory creation. Beck v. Groe, 245 Minn. 28, 33-34, 70 N.W.2d 886, 891 (1955). Generally, causes of action created by statute in derogation of the common law are strictly construed. Id. at 44, 70 N.W.2d at 897; Bonhiver v. Fugelso, Porter, Simi
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