HAESSLY v. LOTZER

No. 45645.

245 N.W.2d 841 (1976)

Louella HAESSLY, as Trustee for the Heirs and Next of Kin of Hugh Haessly, Deceased, and Louella Haessly, Individually, Respondents, v. Louis A. LOTZER, Appellant.

Supreme Court of Minnesota.

August 6, 1976.


Attorney(s) appearing for the Case

David W. Nord, St. Paul, for appellant.

Douglass, Donlin & Sweeney and John C. Wallraff, St. Paul, for respondents.

Heard before ROGOSHESKE, MacLAUGHLIN, and MARSDEN, JJ., and considered and decided by the court en banc.


ROGOSHESKE, Justice.

In this action for death by wrongful act, the special verdict of the jury adopted by the court awarded decedent's trustee, Louella Haessly, $18,000 and apportioned causal negligence 60 percent to defendant, Louis A. Lotzer, and 40 percent to decedent. Lotzer's appeal from the judgment raises three questions: (1) Whether the circumstantial evidence supports the submission of this case to the jury and the jury's finding on the question of liability...

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