CRUZ v. NEWGREN

No. 43909.

208 N.W.2d 865 (1973)

Shirley CRUZ, as Mother and Trustee of the Estate of Jerome Sargent, Appellant, v. Clarence NEWGREN, et al., Respondents.

Supreme Court of Minnesota.

June 22, 1973.


Attorney(s) appearing for the Case

Schermer, Schwappach, Borkon & Ramstead and Danny B. Berenberg, Minneapolis, for appellant.

Barnett, Ratelle, Hennessy, Vander Vort & Stasel and W. Scott Herzog, Minneapolis, for respondents.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, and MacLAUGHLIN, JJ.


PER CURIAM.

In this action for death by wrongful act arising out of a bicycle and tractor-trailer accident which resulted in the death of plaintiff trustee's 11-year-old son, the jury found defendant truckdriver free of any negligence.

Upon plaintiff's appeal from a denial of her post-trial motion for a new trial, she asserts for the first time that the court erred (1) in failing to instruct the jury that an experienced truckdriver is held to a higher degree...

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