BOND v. ROOS

No. C5-82-242.

358 N.W.2d 654 (1984)

Andy L. BOND, as Trustee for the heirs and next of kin of Dane Swenson, Decedent, Respondent, v. Thomas ROOS and Diane Roos, Respondents, Janice Lynn Swenson, Appellant, Daniel F. Swenson, Respondent, County of Scott, Respondent, State of Minnesota, Respondent.

Supreme Court of Minnesota.

December 7, 1984.


Attorney(s) appearing for the Case

Richard H. Knutson, St. Paul, for appellant.

Paul H. Hauge, Eagan, for Swenson.

Robert Scheifelbein, Minneapolis, for Roos.

John Varpness, Minneapolis, for Scott County.

James Alfeby, St. Paul, for State.

Eckman, Strandness & Egan, P.A., Mn Trial Lawyers Assoc., for amicus curiae.

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


KELLEY, Justice.

The trial court, in ruling on a petition to approve distribution of a settlement of a death claim arising out of a motor vehicle accident, refused to allocate to the deceased child's mother any of the net settlement proceeds although there had been neither a judicial determination nor admission of fault. The trial court concluded that public policy prohibited her from benefiting from her own negligent wrongdoing...

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