JUVLAND v. MATTSON

No. 42468.

184 N.W.2d 423 (1971)

Joseph Raymond JUVLAND, et al., Appellants, v. Dr. Albert D. MATTSON and Peter Donald Mattson, Respondents.

Supreme Court of Minnesota.

February 26, 1971.


Attorney(s) appearing for the Case

Chestnut, Jones, Brooks, Kennedy & Burkard, Minneapolis, for appellants.

Murnane, Murnane, Battis, deLambert & Conlin, St. Paul, for respondents.

Heard and considered en banc.


OPINION

ROGOSHESKE, Justice.

The sole issue presented on plaintiffs' appeal as permitted by leave of this court pursuant to Rule 105, Rules of Civil Appellate Procedure, is whether in this negligence action the trial court's order granting a new trial for insufficiency of evidence may properly be limited to a retrial of the single issue of the percentage of causal negligence attributable to each tort-feasor.

The issue arises out of a jury trial of...

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