OLSON v. KOZLOWSKI

No. 81-322.

311 N.W.2d 851 (1981)

Ronald OLSON, et al., Appellants, v. Edward KOZLOWSKI, Respondent.

Supreme Court of Minnesota.

November 6, 1981.


Attorney(s) appearing for the Case

Paris Don Ray Getty, Getty Law Office, Forest Lake, for appellants.

Arndt & Benton and Duane E. Arndt, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.


OTIS, Justice.

Plaintiffs Ronald and Morris Olson appeal from a summary judgment dismissing their complaint against defendant Edward Kozlowski in this suit for damage to property, tortious assault and emotional distress. The only question is whether there exists a genuine issue of material fact concerning defendant's identity as the tortfeasor. We conclude that there is and, therefore, reverse and remand for further proceedings.

On the evening of December...

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