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DALAGER v. MONTGOMERY WARD & CO., INC.

No. C1-83-1673.

350 N.W.2d 391 (1984)

Mark DALAGER, Paul Brenden, Stanley Panchott, and Linda Panchott, Husband and Wife, Respondents, v. MONTGOMERY WARD & COMPANY, INC., Appellant, v. Wayne R. PERRAULT, Respondent.

Court of Appeals of Minnesota.

June 5, 1984.

Attorney(s) appearing for the Case

James A. Sage, Gruesen, Peterson & Sage, P.A., Duluth, for appellant.

Michael W. Haag, Donovan, McCarthy, Crassweller & Magie, P.A., Duluth, for Dalager, et al.

Wayne R. Perrault, pro se.

Heard, considered and decided by POPOVICH, C.J., and FORSBERG and RANDALL, JJ.

OPINION

RANDALL, Judge.

Plaintiffs brought suit against Montgomery Ward and Co., Inc., alleging that its negligence proximately caused the destruction of plaintiffs' property by fire. The defendant impleaded a third party defendant. A jury found the defendant 65% negligent, the third-party defendant 35% negligent, and found that the third-party defendant was an agent of the defendant. After the court denied defendant's motion for judgment n.o.v. or for a...

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