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BALDER v. HALEY

No. C7-85-1259.

399 N.W.2d 77 (1987)

Michael BALDER and Zita Balder, Respondents, v. Thomas W. HALEY, Defendant and Third-Party Plaintiff, and Republic Water Heater Company, Respondent. HONEYWELL, INC., Petitioner, Appellant, v. Josephine PIRKL, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

January 9, 1987.

Attorney(s) appearing for the Case

George W. Flynn, Scott W. Johnson, Minneapolis, for appellant.

Jeffrey R. Brauchle, Minneapolis, for Michael Balder.

Paul D. McKeen, St. Paul, for Republic Water Heater Co.

Thomas A. Zupane, St. Cloud, for Josephine Pirkl.

Heard, considered and decided by the court en banc.

YETKA, Justice.

This is an appeal from the court of appeals' decision to reverse a Benton County District Court's judgment based on a jury verdict that appellant Honeywell was not responsible through negligence for respondent Michael Balder's injury in the explosion of a liquid propane water heater. Though sustaining the jury's findings that Honeywell had not negligently designed a particular gas valve implicated in the accident, the court of appeals held sua sponte...

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