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MILLER v. STATE

No. 50308.

306 N.W.2d 554 (1981)

Kim M. MILLER, a minor, by Carlton E. Miller, her father and natural guardian, and Carlton E. Miller, individually, Respondents, v. STATE of Minnesota, James Harrington, as Commissioner of Transportation, William Merritt, as Assistant Commissioner, Department of Transportation, Highway Division, Appellants.

Supreme Court of Minnesota.

June 12, 1981.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., and Michael B. Miller, Sp. Asst. Atty. Gen., St. Paul, for appellants.

Peterson Bell & Converse and Willard L. Converse, St. Paul, Donald B. Nold and Steven D. Zard, New Prague, for respondents.

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

OTIS, Justice.

This appeal arises out of a personal injury action initiated in district court, First Judicial District, by Carlton Miller individually and on behalf of his minor daughter, Kim. The State appeals from the order of the district court denying its motion for a new trial. We reverse and remand for a new trial.

On September 18, 1976, a rainy day, Kim Miller was driving north on Minnesota State Highway 13 between Montgomery and New Prague. The right...

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