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EISERT v. GREENBERG ROOFING, ETC.

Nos. 51429, 51433 and 51400.

314 N.W.2d 226 (1982)

Lyle EISERT, trustee for the heirs of Todd Eisert, deceased, and Donald Strommen, trustee for the heirs of Dale Strommen, deceased, petitioners, Appellants, Independent School District No. 999, a.k.a. Agassiz Valley Vocational Cooperative Center, Plaintiff, v. GREENBERG ROOFING & SHEET METAL COMPANY, Respondent, Empro Corporation, Respondent, PPG Industries, Inc., Respondent, Cook Paint & Varnish Company, Inc., Respondent, and INDEPENDENT SCHOOL DISTRICT NO. 593, CROOKSTON, Minnesota, petitioner, Appellant, v. GREENBERG ROOFING & SHEET METAL COMPANY, Respondent, Empro Corporation, Respondent, PPG Industries, Inc., Respondent, Cook Paint & Varnish Company, Inc., Respondent.

Supreme Court of Minnesota.

January 15, 1982.

Attorney(s) appearing for the Case

Robins, Zelle, Larson & Kaplan, James L. Fetterly, Robert M. Wattson and William P. Linhoff, Jr., Minneapolis, for Eisert.

Jesse & Cosgrove and Robert J. Healy, Minneapolis, Quinlivan & Williams, St. Cloud, for Ind. Sch. Dist. No. 593.

Hanft, Fride, O'Brien & Harries and Tyrone P. Bujold, Duluth, for Greenberg Roofing & Sheet Metal Co.

Thysell, Gjevre, McLarnan, Hannaher, Vaa & Skatvold and Galen J. Vaa, Moorhead, for Empro Corp.

Cahill, Gunhus, Grinnell, Jeffries, Klinger, Vinje & Swenson, Moorhead, Dickie, McCamey & Chilcote, Pittsburg, Pa., for PPG Industries, Inc.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and J. Richard Bland, Minneapolis, for Cook Paint & Varnish Co., Inc.

Dosland, Dosland & Nordhaugen, Moorhead, for Ind. Sch. Dist. No. 999.

Heard, considered, and decided by the court en banc.

OPINION

PETERSON, Justice.

These consolidated appeals arise out of a fire in the auto body shop at the Agassiz Valley Vocational Cooperative Center in Crookston, Minnesota. The fire caused the deaths of two Crookston Central High School students, Todd Eisert and Dale Strommen, and caused property damage to a building owned by Independent School District No. 593 (school district). The first issue for decision involves the recoverability of punitive damages...

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