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TOLBERT v. GERBER INDUSTRIES, INC.

No. 45290.

255 N.W.2d 362 (1977)

Norman TOLBERT, Respondent, v. GERBER INDUSTRIES, INC., defendant and third-party plaintiff, Appellant, and VOLDCO, INC., defendant and third-party plaintiff, Respondent, v. SCHULER GRAIN COMPANY, third-party defendant, Respondent.

Supreme Court of Minnesota.

April 22, 1977.

Attorney(s) appearing for the Case

Field, Arvesen, Donoho, Lundeen & Hoff and Norman D. Arvesen, Fergus Falls, for appellant.

Rufer, Hefte, Pemberton, Schulze & Sorlie and Richard C. Hefte, Fergus Falls, Jardine, Logan & O'Brien, St. Paul, for Tolbert.

Clemmensen & Robertson, Breckenridge, Bey, Ochs & Klimek, Minneapolis, Dosland, Dosland, Nordhaugen & Mickelberg and J. R. Dosland, Moorhead, for Voldco.

Korbel & Gospodar and Anthony C. Gospodar, Breckenridge, for Schuler.

Heard before OTIS, PETERSON, and SCOTT, JJ.; reheard, considered, and decided by the court en banc.

OTIS, Justice.

This is an action brought by Norman Tolbert against Gerber Industries, Inc. (Gerber), the manufacturer, and Voldco, Inc. (Voldco), the installer of defective equipment which caused plaintiff's injury. Schuler Grain Company (Schuler), Tolbert's employer, was made a third-party defendant. The jury found that Gerber and Voldco were negligent and that the negligence of each was a direct cause of Tolbert's injury and awarded Tolbert $60,572. Pursuant to...

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