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HUFFER v. KOZITZA

No. C3-84-1636.

375 N.W.2d 480 (1985)

Carolyn Lenore HUFFER, Respondent, v. Jeffrey Scott KOZITZA, Petitioner, Appellant.

Supreme Court of Minnesota.

October 25, 1985.

Attorney(s) appearing for the Case

Philip R. Reitan, Mankato, for appellant.

James H. Manahan, Mankato, for respondent.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

We affirm the ruling of the court of appeals that a spouse's cause of action for loss of consortium is not precluded when the other spouse settles his or her personal injury claim separately.

Richard Huffer was in an auto accident in December 1979 and, as a consequence, had a personal injury claim against Jeffrey Kozitza, the driver of the other vehicle. After the accident, the Huffer marriage deteriorated and Carolyn commenced a divorce...

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