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TRI-STATE INS. CO. v. ZEITZ

No. C3-84-972.

361 N.W.2d 480 (1985)

TRI-STATE INSURANCE COMPANY of Minnesota, Appellant, v. James ZEITZ and Linda Mae Mattson, Respondents.

Court of Appeals of Minnesota.

February 5, 1985.

Attorney(s) appearing for the Case

John E. Vukelich, Dawn Gagne, Dudley & Smith, St. Paul, for appellant.

James Zeitz, pro se.

John R. Rodenberg, Berens, Rodenberg, O'Connor, Olson & Hinnenthal, New Ulm, for respondents.

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

OPINION

LANSING, Judge.

Appellant Tri-State Insurance Company (Tri-State) initiated litigation to recover amounts paid to its insured, Bertha Schultz, under her uninsured motorist coverage for claims arising out of an automobile accident on January 13, 1978. The trial court found both Schultz and respondent James Zeitz negligent and attributed the greater causal negligence to Schultz. It denied appellant's post-trial motion for a new trial or for judgment...

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