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RUSKAMP v. FERKNES

No. 47508.

261 N.W.2d 612 (1978)

Jerome RUSKAMP, Individually, and as Trustee for the Next of Kin of Timothy Joseph Ruskamp, Decedent, Appellant, v. Joseph Francis FERKNES, Respondent, Associated Milk Producers, Inc., et al., Respondents.

Supreme Court of Minnesota.

January 6, 1978.

Attorney(s) appearing for the Case

Joseph W. Parris, Hector, for appellant.

Farrish, Johnson, Maschka & Hottinger and Gerald L. Maschka, Mankato, for Ferknes.

Gislason, Dosland, Malecki, Gislason & Halvorson and Robert M. Halvorson, New Ulm, for Assoc. Milk Producers, Inc., et al.

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

PER CURIAM.

In this wrongful death action plaintiff's decedent, Timothy Joseph Ruskamp, was a passenger in an automobile driven by defendant Joseph Fernkes when it collided with an oncoming vehicle driven by defendant Ira Rutherford. The district court directed a verdict for the driver of the oncoming vehicle and the jury returned a verdict for defendant Fernkes on which judgment was entered. On appeal from an order denying his motion for a new trial plaintiff challenges...

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