SMITH v. CARRIERE

No. 81-274.

316 N.W.2d 574 (1982)

Ed SMITH and Vera Smith, Appellants, v. Steve CARRIERE, Respondent.

Supreme Court of Minnesota.

March 12, 1982.


Attorney(s) appearing for the Case

Brink, Sobolik, Severson & Vroom and Robert K. Severson, Hallock, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Mary Jeanne Coyne and Steven D. Jamar, Minneapolis, for appellants.

Charlson & Marben and Curtis L. Charlson, Thief River Falls, for respondent.

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


TODD, Justice.

Ed Smith's truck was hit from the rear by a car driven by Steve Carriere. Smith brought an action for injuries sustained in the accident. The jury found Smith and Carriere 50% liable and found that Smith had not sustained any loss of earning capacity. Smith appeals the judgment below. We reverse for a new trial on all issues.

On the afternoon of January 16, 1979, the plaintiff, Ed Smith, was driving...

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