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PETERSON v. MARLOWE

Nos. 46962 and 47055.

264 N.W.2d 133 (1977)

Jeanette PETERSON, as Trustee for the Surviving Spouse and Next of Kin of Carl F. Peterson, Decedent, Respondent, v. Harold J. MARLOWE, d.b.a. Marlowe's Garage, Respondent-Appellant, St. Andrew's Catholic Church, et al., Appellants-Respondents. Marie Agnes RADEMACHER and St. Andrew's Catholic Church, third party plaintiffs, Respondents, v. Emil RIX, d.b.a. Downtown Standard, third party defendant, Respondent.

Supreme Court of Minnesota.

On Rehearing March 24, 1978.

Attorney(s) appearing for the Case

Holmes, Eustis, Kircher & Graven, David L. Graven, and Douglas A. Kelley, Minneapolis, for St. Andrew's Catholic Church, et al.

John W. Carey, Fairfax, for Marlowe.

Gislason, Dosland, Malecki, Gislason & Halvorson, and James H. Malecki, for Employers Mutual, New Ulm.

Berens, Rodenberg, O'Connor & Stoltzfus, New Ulm, for Peterson.

Schmidt, Thompson & Thompson, and Joseph E. Thompson, Willmar, for Rademacher.

Peterson, Bell & Converse, Willard L. Converse, and Robert C. Bell, St. Paul, for Rix.

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

PETERSON, Justice.

Plaintiff Jeanette Peterson instituted an action for the wrongful death of her husband, Carl Peterson, who was killed when struck by an automobile driven by defendant Marie Agnes Rademacher, a Benedictine nun associated with defendant St. Andrew's Catholic Church. Defendant Harold J. Marlowe, d.b.a. Marlowe's Garage, was the owner of the automobile that struck plaintiff's decedent. He had furnished the car to St. Andrew's for the use of Sister Rademacher...

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