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GERTKEN v. FARMERS ELEVATOR OF KENSINGTON

No. C9-86-2147.

411 N.W.2d 550 (1987)

James GERTKEN as Trustee for the next of kin of Shirley Gertken, deceased, and James Gertken, individually, Appellant, v. FARMERS ELEVATOR OF KENSINGTON, MINNESOTA, INC., et al., Robert Holthaus, etc., Respondents.

Court of Appeals of Minnesota.

Review Denied October 28, 1987.

Attorney(s) appearing for the Case

Paul J. Wocken, Willenbring, Lickteig & Dahl, Cold Spring, for appellant.

Henry A. Cousineau, Jr., Mark A. Gwin, Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, John H. Scherer, Donohue, Rajkowski, Hansmeier, Grunke & Jovanovich, Ltd., St. Cloud, for respondents.

Heard, considered and decided by the court en banc.

OPINION

HUSPENI, Judge.

This is a wrongful death action arising from an automobile collision. The jury found no negligence had been committed by either of the drivers. The trial court denied appellant's motion for judgment notwithstanding the verdict or for new trial and this appeal followed. Appellant claims the trial court erred by refusing to allow evidence regarding failure to lend reasonable post-collision...

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