COUTURE v. NOVOTNY

No. 43494.

211 N.W.2d 172 (1973)

Gaston COUTURE, Respondent, v. Clair NOVOTNY et al., Appellants.

Supreme Court of Minnesota.

September 21, 1973.


Attorney(s) appearing for the Case

Garrity, Cahill, Gunhus, Streed & Grinnell, and Paul E. Grinnell, Moorhead, for appellants.

Rufer, Hefte, Pemberton, Schulze & Sorlie and James L. Schulze, Fergus Falls, for respondent.

Reconsidered on the record by the court en banc.


KELLY, Justice.

This action was brought to recover for personal injuries resulting from a head-on collision. After the trial court instructed that defendant driver was negligent as a matter of law, the jury found no negligence on the part of plaintiff and assessed damages at $25,000. Defendants appeal from the denial of their motion for a new trial. We reverse.

Defendants raise two issues on appeal: First, whether the trial court erred in failing to give a...

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