WECKERLY v. ABEAR

No. 47081.

256 N.W.2d 79 (1977)

Norman WECKERLY, d.b.a. Weckerly Farms, Appellant, v. Robert ABEAR, d.b.a. Lakeland Ready Mix, defendant and third-party plaintiff, Respondent, v. Michael Edwin WEIPPERT, third-party defendant.

Supreme Court of Minnesota.

June 24, 1977.


Attorney(s) appearing for the Case

Ryan, Ryan, Ebert & Ruttger and Max J. Ruttger III, Brainerd, for appellant.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, O. C. Adamson II, and R. Gregory Stephens, Minneapolis, for respondent.

Heard before PETERSON, TODD and YETKA, JJ., and considered and decided by the court en banc.


YETKA, Justice.

This is an appeal from a judgment against the appellant following a jury trial in District Court, Cass County. The appellant proprietorship sought to recover damages for property damage to his truck following a two-vehicle collision. The truck was driven by the appellant's employee. The jury found the employee 60-percent causally negligent. The district court imputed the negligence of the employee to the appellant and thus denied recovery. We affirm...

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