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DAWYDOWYCZ v. QUADY

No. 44132.

220 N.W.2d 478 (1974)

Nestor D. DAWYDOWYCZ and Helen Dawydowycz, Husband and Wife, Respondents, v. James C. QUADY, et al., Defendants and Third-Party Plaintiffs, Appellants, v. William R. McCARTHY, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

July 26, 1974.

Attorney(s) appearing for the Case

Hoppe & Healy and Robert L. Hoppe, Minneapolis, for appellants.

Axelrod, Cincera, Donohue & Markley and Edward T. Donohue, Nord, Webster & Brennan, and David W. Nord, St. Paul, for Dawydowycz.

Rider, Bennett, Egan, Johnson & Arundel, William T. Egan, and David J. Byron, Minneapolis, for McCarthy.

Heard before KNUTSON, C.J., and OTIS, MacLAUGHLIN, and MULALLY, JJ., and considered and decided by the court en banc.

OTIS, Justice.

This is an action to recover damages for personal injuries sustained by plaintiff Nestor Dawydowycz and for loss of consortium suffered by plaintiff Helen Dawydowycz as a result of a collision between their automobile and one driven by Kathryn Quady and owned by James Quady. The jury found Kathryn Quady 75-percent negligent and third-party defendant, William R. McCarthy, 25-percent negligent. Plaintiffs were awarded a total of $58,000 in damages against...

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