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KRAUSE v. MERICKEL

No. C5-82-1648.

344 N.W.2d 398 (1984)

James S. KRAUSE and Stuart Krause, Respondents, v. James A. MERICKEL, Respondent, Clarence R. Paulson, Respondent, Otto Leader and James Davis, Respondents, James E. Ahlfs, Respondent, Mildred R. Thompson, et al., Defendants, Arthur E. Noot, Commissioner of Public Welfare, intervenor, Appellant.

Supreme Court of Minnesota.

February 17, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., John L. Kirwin, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Peterson, Engberg & Peterson, Thomas W. Wexler, Minneapolis, for respondents.

Heard, considered and decided by the court en banc.

KELLEY, Justice.

Following a swimming accident in which 16-year-old respondent James S. Krause sustained injuries rendering him quadriplegic, he and his father, respondent Stuart Krause, jointly commenced an action to recover damages sustained by James as well as for damages sustained by his father. Before trial the case was settled for $100,000. Respondents proposed to allocate 70% of the settlement proceeds to the father with the remainder to James. Appellant, ...

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