WINONA NAT. & SAV. BANK v. DAHLEN TRANSPORT

No. 46444.

256 N.W.2d 469 (1977)

WINONA NATIONAL AND SAVINGS BANK, Trustee under the Minnesota Wrongful Death Act for the Next of Kin of Emilie W. Guderian, Deceased, Appellant, v. DAHLEN TRANSPORT COMPANY, et al., Respondents.

Supreme Court of Minnesota.

June 10, 1977.


Attorney(s) appearing for the Case

Streater, Murphy, Brosnahan & Langford and Kent A. Gernander, Winona, for appellant.

Wm. J. Nierengarten, Austin, for respondents.

Heard before ROGOSHESKE, PETERSON and SCOTT, JJ., and considered and decided by the court en banc.


ROGOSHESKE, Justice.

The appeal in this death-by-wrongful-act suit by the trustee for the next of kin of decedent driver raises the issue of the proper application of the doctrine of estoppel by verdict where a passenger in decedent driver's automobile recovered personal injury damages in a prior action arising out of the same collision based upon jury findings that the decedent driver was 65-percent causally negligent. Upon the surviving driver's and his employer...

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