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HESTBECK v. HENNEPIN COUNTY

Nos. 43729, 43743.

212 N.W.2d 361 (1973)

Raymond HESTBECK, Respondent, v. HENNEPIN COUNTY, Appellant-Respondent, Thomas F. Coulon, Respondent-Appellant.

Supreme Court of Minnesota.

October 26, 1973.

Attorney(s) appearing for the Case

Mahoney, Dougherty, Angell & Mahoney, and John F. Angell, Minneapolis, for Hennepin County.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, O. C. Adamson II and Mary Jeanne Coyne, Minneapolis, for Coulon.

Feinberg, Mirviss, Meyers, Schumacher & Malmon, and James J. Schumacher, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, PETERSON, and MacLAUGHLIN, JJ. Reconsidered en banc.

ROGOSHESKE, Justice.

This is a medical malpractice action arising out of the surgical removal of plaintiff's gallbladder. The jury by special verdict awarded plaintiff $12,500 damages, assessing negligence under our comparative-negligence statute 65 percent against defendant Thomas F. Coulon, the surgeon, and 35 percent against other employees of Hennepin County General Hospital, an agency of defendant county. Since we hold, contrary to defendants' respective claims...

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