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BERGEMANN v. MUT. SERVICE INS. CO.

No. 48085.

270 N.W.2d 107 (1978)

Frank BERGEMANN, Trustee for the Next of Kin of Gary Bergemann, Deceased, Plaintiff, v. MUTUAL SERVICE INSURANCE COMPANY et al., defendants and third party plaintiffs, Appellants, v. Fillmore Township, third party defendant, Respondent.

Supreme Court of Minnesota.

July 28, 1978.

Attorney(s) appearing for the Case

Ross Muir and Mark Anderson, Rochester, for appellants.

Schacht & Kerr, Rochester, for respondent.

Heard before YETKA, SCOTT, and WAHL, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Appeal by third party plaintiffs (hereafter appellants) from an order of the Fillmore County District Court denying a motion for judgment notwithstanding the verdict, amended findings, or a new trial. A jury found that the third party defendant (hereafter respondent) was negligent, but that the negligence did not cause a fatal intersection collision. The jury found that appellants' driver was not negligent; it was instructed not to consider the possible...

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