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BRENNA v. MELVIE

No. 45297.

231 N.W.2d 306 (1975)

Warren BRENNA, as Guardian Ad Litem and Natural Parent and Guardian of Tammara Lynn Brenna, a Minor, Respondent, v. Ernest T. MELVIE, Appellant.

Supreme Court of Minnesota.

June 27, 1975.

Attorney(s) appearing for the Case

Padden, Dickel, Johannson, Wall & Taylor and Kenneth Johannson, Crookston, for appellant.

Myhre & Drenckhahn and Arthur A. Drenckhahn, Warren, for respondent.

Heard before ROGOSHESKE, TODD, and SCOTT, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

Warren Brenna, as father and natural guardian of Tammara Lynn Brenna, brought this action in the Pennington County District Court for personal injuries sustained by Tammara (hereinafter plaintiff) when she was struck by an automobile driven by defendant, Ernest T. Melvie. The jury, by a special verdict, found plaintiff 45-percent causally negligent and defendant 55-percent causally negligent. Total damages were assessed in the amount of

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