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FLANERY v. TOTAL TREE, INC.

No. C2-82-988.

332 N.W.2d 642 (1983)

Thomas FLANERY, Respondent, v. TOTAL TREE, INC., Appellant.

Supreme Court of Minnesota.

April 22, 1983.

Attorney(s) appearing for the Case

Chadwick, Johnson & Condon, Mark J. Condon and Wayne D. Tritbough, Minneapolis, for appellant.

Tierney, Norton, Krieser & Helgen, and Howard P. Helgen, Minneapolis, for respondent.

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

TODD, Justice.

The respondent Thomas Flanery suffered personal injuries when his van was struck by one of appellant Total Tree, Incorporated's (Total Tree) trucks which had been stolen by a thief. Flanery brought a negligence action against Total Tree, recovering a judgment of $58,527.17. A large portion of the recovery — $55,277.17 — was subject to a subrogation claim by Flanery's insurer, Prudential Property & Casualty Company. Total Tree appeals...

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