TIEDEKEN v. TIEDEKEN

No. C1-84-1747.

363 N.W.2d 909 (1985)

Edward J. TIEDEKEN, individually and as Trustee for the heirs and next of kin of Darlene B. Tiedeken, Deceased; and Ernest J. Tiedeken, individually and as personal representative to the Estate of Darlene B. Tiedeken, Deceased, Appellants, v. Janet TIEDEKEN, Steven LeRoy Harris, et al., Respondents.

Court of Appeals of Minnesota.

March 19, 1985.


Attorney(s) appearing for the Case

Terrence M. Dempsey, Somsen, Dempsey & Schack, New Ulm, for appellants.

James R. Olson, Berens, Rodenberg, O'Connor, Olson & Hinnenthal, New Ulm, for Tiedeken.

Kurt D. Johnson, Gislason, Dosland, Hunter & Malecki, New Ulm, Hubert H. Humphrey, III, Atty. Gen., Richard S. Slowes, Asst. Atty. Gen., St. Paul, for Steven LeRoy Harris, et al.

Considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.


OPINION

RANDALL, Judge.

Almost six years after Darlene Tiedeken died from injuries suffered in an automobile accident, this wrongful death action was instituted. Defendants' motion for summary judgment was granted on the ground that the action was barred by the statute of limitations, and plaintiff appealed. We affirm.

FACTS

Darlene Tiedeken died on October 5, 1977, of injuries she incurred in an automobile accident on August 23, 1977....

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