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PIETILA v. CONGDON

No. C5-83-591, C0-83-613.

362 N.W.2d 328 (1985)

Loren J. PIETILA, Trustee for the Heirs of Velma K. Pietila, Decedent, Respondent (C5-83-591), Appellant (C0-83-613), v. Thomas E. CONGDON, Salisbury Adams and William P. Van Evera, Individually and as Trustees under the Will of Chester A. Congdon, Deceased, Appellants (C5-83-591), Respondents (C0-83-613), First Bank (N.A.) Duluth, as Executor of the Estate of Elisabeth M. Congdon, Deceased, and William P. Van Evera, as Conservator of the Estate of Elisabeth M. Congdon, Deceased, and Congdon Office Corporation, Inc., Respondents.

Supreme Court of Minnesota.

February 15, 1985.

Attorney(s) appearing for the Case

Gerald J. Brown, Brown, Andrew, Hallenbeck, Signorelli & Zaller, P.A., Duluth, for trustees.

Bruess, Bye, Boyd, Andresen & Sullivan, David P. Sullivan, Duluth, for Pietila's.

Halverson, Watters, Bye, Downs & Maki, Ltd., Anthony S. Downs, and Nancy L. Gores, Duluth, for 1st Bank.

Heard, considered and decided by the court en banc.

COYNE, Justice.

This wrongful death action arises out of the brutal murders of Elisabeth M. Congdon and her personal nurse, Velma K. Pietila, sometime during the late night hours of June 26, 1977, or the early morning hours of June 27, 1977. The plaintiff, as trustee for the heirs of Velma Pietila, alleges that one or more of the several defendants negligently failed to provide adequate security for Mrs. Pietila's protection. The jury found that the trustees under...

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