JANSSEN v. NEAL

No. 46401.

256 N.W.2d 292 (1977)

Harvey A. JANSSEN, as Trustee for the Heirs and Next of Kin of Gary Lee Janssen, Deceased, and Harvey A. Janssen, Individually, Appellant, v. Clarence E. NEAL, Respondent.

Supreme Court of Minnesota.

July 8, 1977.


Attorney(s) appearing for the Case

Prindle, Maland & Stennes and William D. Prindle, Montevideo, for appellant.

Winter, Lundquist, Sherwood, Athens & Pedersen and Bruce E. Sherwood, Wheaton, for respondent.

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


YETKA, Justice.

This is the second appeal to this court involving a wrongful death action to recover damages for the death of Gary Janssen, a minor, who died when the motorcycle he was driving collided with a pickup truck driven by defendant, Clarence Neal. The action was first tried to a jury in the District Court, Chippewa County. The jury assessed damages for plaintiff at $25,000, but found decedent and defendant each 50-percent causally negligent. Plaintiff subsequently...

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