FLORENZANO v. OLSON

No. C1-84-436.

358 N.W.2d 175 (1984)

Judie C. FLORENZANO, individually and as parent and natural guardian of Ashle E. Florenzano and Zachary B. Florenzano, Appellant, v. Frederick OLSON and Bankers Life Company, an Iowa Business Company, Respondents.

Court of Appeals of Minnesota.

November 27, 1984.


Attorney(s) appearing for the Case

James D. Miller, Samuel D. Orbovich, Broeker, Hartfeldt, Hedges & Grant, Bloomington, for appellant.

Robert G. Bayer, Dorsey & Whitney, Minneapolis, for respondents.

Heard, considered, and decided by WOZNIAK, P.J., and FORSBERG and LESLIE, JJ.


OPINION

WOZNIAK, Judge.

This is a misrepresentation action in which the comparative fault of the plaintiff, Florenzano, was submitted to the jury. The jury determined that Florenzano was defrauded by Olson, but that in the same transaction Florenzano was 62.5% negligent and Olson was 37.5% negligent. By applying the Minnesota Comparative Fault Act, the court denied Florenzano damages which the jury had found to be $187,281.31. We reverse and remand for new...

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