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JAM v. INDEPENDENT SCHOOL DIST. NO. 709

No. C1-87-628.

413 N.W.2d 165 (1987)

Mark T. JAM, as Trustee for the heirs and next of kin of Cory Jam, deceased, Appellant, v. INDEPENDENT SCHOOL DISTRICT # 709, Duluth Transit Authority, (DTA), et al., Laura Hamre, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied November 24, 1987.

Attorney(s) appearing for the Case

Robert H. Magie, III, Brian McCarthy, Donovan, McCarthy, Crassweller & Magie, P.A., Duluth, for appellant.

Steven L. Reyelts, Halverson, Watters, Bye, Downs & Maki, Ltd., Gaylord W. Swelbar, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, Robert E. Mathias, Mathias & Associates, Duluth, for respondents.

Heard, considered and decided by RANDALL, P.J., and LANSING and MULALLY, JJ.

OPINION

LANSING, Judge.

Mark T. Jam, as trustee for the heirs and next of kin of Cory Jam, deceased, appeals from summary judgments entered for Independent School District # 709 and the Duluth Transit Authority in this wrongful death action. We reverse and remand for trial.

FACTS

Cory Jam, an 11-year-old, seventh-grade student, was struck by a car and killed on September 15, 1983, while crossing a street in Duluth, Minnesota, after getting...

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