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LUTTERMAN v. STUDER

No. 44195.

217 N.W.2d 756 (1974)

Delbert LUTTERMAN, Individually, and as Father and Natural Guardian of John Lutterman, Appellant, v. Wayne STUDER, Respondent, Douglas Ringnell, Respondent, Gopher Athletic Supply Company, et al., Defendants.

Supreme Court of Minnesota.

April 26, 1974.

Attorney(s) appearing for the Case

Erickson, Zierke, Kuderer & Utermarck, and Elton A. Kuderer, Fairmont, for appellant.

Holst, Vogel, Erdmann & Vogel, and George F. Vogel, Red Wing, for Studer.

Daily & Kunard, and Marlin R. Kunard, Mankato, for Ringnell.

Considered and decided by the court without oral argument.

PER CURIAM.

This action was one to recover damages for personal injuries sustained by John Lutterman, a 14-year-old boy (hereafter plaintiff), and for consequential damages sustained by his father. Plaintiff was injured when struck by a bat released by another student during supervised batting practice.

The accident happened on the premises of Independent School District No. 456. Defendants named in the suit were Wayne Studer, the student who released the...

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