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O'BRIEN v. MERCY HOSP. & CONVALESCENT

No. CX-84-760.

382 N.W.2d 518 (1986)

Ruth M. O'BRIEN, Trustee for the heirs of Don P. O'Brien, decedent, Appellant, v. MERCY HOSPITAL AND CONVALESCENT NURSING CARE SECTION, Gateway Family Health Clinic, Ltd., Pine County d.b.a. Pine County Ambulance, Respondents.

Supreme Court of Minnesota.

February 28, 1986.

Attorney(s) appearing for the Case

Mark Hallberg, Minneapolis, for appellant.

Thomas E. Dougherty, Minneapolis, for Mercy Hosp.

Joe J. Roby, Duluth, for Pine City.

Nancy L. Gores, Duluth, for Gateway.

Heard, considered and decided by the court en banc.

WAHL, Justice.

This is a wrongful death action brought by plaintiff Ruth M. O'Brien as trustee for the heirs of Donald P. O'Brien, who died as a result of an aircraft accident. Pine County was named as a defendant in the action for the alleged negligence of its ambulance attendants, who transported and gave first aid to O'Brien following the accident. The trial court granted the county's motion for dismissal, on the ground...

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