SCHINDELE v. ULRICH

No. 47613.

268 N.W.2d 547 (1978)

Jacob A. SCHINDELE, Respondent, v. Kathleen ULRICH, as Special Administratrix of the Estate of Kenneth Forster, Deceased, et al., Defendants. SAMMONS TRUCKING and Myron Sammons, Individually and d. b. a. Sammons Trucking, third party plaintiffs, Appellants, v. SWANSON POULTRY AND EGG COMPANY OF ALEXANDRIA, Minnesota, third party defendant, Respondent.

Supreme Court of Minnesota.

May 12, 1978.


Attorney(s) appearing for the Case

Robert Gislason and James Martin, Edina, for appellants.

Roger Nierengarten, Michael Donohue, St. Cloud, for Jacob A. Schindele.

Jardine, Logan & O'Brien and Charles Gillen, St. Paul, for Swanson Poultry and Egg Co. of Alexandria.

Considered and decided by the court en banc.


PETERSON, Justice.

Plaintiff, Jacob A. Schindele, sustained personal injuries when a truck in which he was a passenger overturned while descending a mountain road in the state of Washington. The trial court adopted a jury's special verdict with respect to the driver's causal negligence and assessment of damages. The trial court made independent determinations of law with respect to the liability of defendant Myron Sammons, individually and doing business as Sammons...

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