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GILBERT v. BRINDLE

No. 45346.

237 N.W.2d 83 (1975)

Mary Lou GILBERT, as Trustee of the Cause of Action Arising Out of the Death of Gary Gilbert, Respondent, v. Steven Mark BRINDLE, Representative of the Estate of Chester Lyle Brindle, Deceased, Defendant and Third-Party Plaintiff, Appellant, v. Randall GILBERT, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

December 26, 1975.

Attorney(s) appearing for the Case

F. Martin Senn, Waseca, for appellant.

Roehrdanz Bigelow & Chamberlain, George M. Roehrdanz, Minneapolis, Baudler & Baudler and Lawrence E. Maus, Spring Valley, Wm. Nierengarten, Austin, for respondent.

Heard before ROGOSHESKE, YETKA and AMDAHL, JJ., and considered and decided by the court en banc.

PER CURIAM.

In this death-by-wrongful-act action, the trustee for the surviving widow and two infant children of Gary Gilbert, deceased, was awarded damages of $112,500. The jury by special verdict apportioned causal negligence, and thus liability, 30 percent against the Chester Brindle estate and 70 percent against Randall Gilbert. The representative of the Brindle estate appeals from the trial court's post-trial order denying the estate's alternative motion for...

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