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HILLMAN v. WALLIN

No. 43651.

215 N.W.2d 810 (1974)

Douglas HILLMAN, a minor, by Harris Hillman, His Father and Natural Guardian, and Harris Hillman, Individually, Respondents, v. Lyle WALLIN, Defendant and Third-Party Plaintiff, Appellant, LaDon Ellingson, Defendant and Third-Party Plaintiff, Respondent. Ronald KLEVEN, Defendant and Third-Party Plaintiff, Respondent, v. Mitchell THOFSON and Barbara Hanson, Third-Party Defendants, Respondent, Sandra Hillman, et al., Third-Party Defendants.

Supreme Court of Minnesota.

February 22, 1974.

Attorney(s) appearing for the Case

William J. Nierengarten, Austin, for appellant.

Baudler & Baudler, Austin, and Ensign & Ensign, Northwood, Iowa, for Hillman.

F. Martin Senn, Waseca, for Ellingson.

Hoversten, Strom & Ryan, Kenneth M. Strom, and Craig W. Johnson, Austin, for Kleven.

Christian, Slen, Savelkoul, Johnson & Broberg, Albert Lea, for Thofson and Hanson.

Heard before KNUTSON, C. J., and KELLY, TODD, and MacLAUGHLIN, JJ., and considered and decided by the court.

KELLY, Justice.

This action was brought on behalf of Douglas Hillman, a minor, (hereafter plaintiff) to recover for personal injuries resulting from the horseplay of other students on a schoolbus, and by his father, Harris Hillman, to recover consequential damages. The suit was against Lyle Wallin, the driver of the schoolbus, and LaDon Ellingson and Ronald Kleven, the student passengers who caused the injury. Defendant Wallin cross-claimed against both Ellingson...

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