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BONHIVER v. FUGELSO, PORTER, SIMICH, ETC.

No. CX-83-1204.

355 N.W.2d 138 (1984)

Homer A. BONHIVER and Moira Bonhiver, Appellants, v. FUGELSO, PORTER, SIMICH AND WHITEMAN, INC., Respondent, Wille Construction Company, Respondent, Regents for University of Minnesota, Respondent.

Supreme Court of Minnesota.

September 14, 1984.

Attorney(s) appearing for the Case

Clint Grose, Minneapolis, for appellants.

Garrett E. Mulrooney, Larry B. Guthrie, Minneapolis, for Wille Construction Co.

James R. Gowling, St. Paul, for Regents.

Russell C. Brown, St. Paul, for Fugelso et al.

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

AMDAHL, Chief Justice.

This appeal, arising out of the injuries and subsequent death of Moira Bonhiver, requires us to construe certain limitation provisions contained in Minnesota's wrongful death statute, Minn.Stat. § 573.02 (1976). In addition, we must address whether the trial court's dismissal of appellant Homer Bonhiver's wrongful death claim for failure to prosecute under Minn. R.Civ.P. 41.02(1) and dismissal of appellant's derivative claim of loss of...

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