AM. HARDWARE MUT. v. DARV'S MOTOR SPORTS

No. C4-88-455.

427 N.W.2d 715 (1988)

AMERICAN HARDWARE MUTUAL INSURANCE CO., Appellant, v. DARV'S MOTOR SPORTS, INC., et al., Economy Fire & Casualty Co., Thomas Boran, Respondents. ECONOMY FIRE & CASUALTY CO., Respondent, v. Darvin SEMBAUER, et al., Thomas Boran, Respondents, American Hardware Mutual Insurance Company, Appellant.

Court of Appeals of Minnesota.

Review Denied October 19, 1988.


Attorney(s) appearing for the Case

Mark L. Scholle, Scholle & Scholle, Ltd., Minneapolis, for American Hardware Mut. Ins. Co.

Mark L.Pfister, Minneapolis, for Darv's Motor Sports, Inc., et al.

Jeffrey A. Hanson, Dunlap, Keith, Finseth, Berndt & Sandberg, Rochester, for Economy Fire & Cas. Co.

George W. Kuehner, Jardine, Logan & O'Brien, St. Paul, James P. Larkin, Larkin, Hoffman, Daly & Lindgren, Minneapolis, for Thomas Boran.

James R. Carlson, Muir, Heuel & Carlson, Rochester, for Darvin Sembauer, et al.

Heard, considered and decided by FORSBERG, P.J., and LANSING and SCHULTZ, JJ.


OPINION

LANSING, Judge.

Jill Sembauer, age five, and Thomas Boran, age 26, were both injured when the motorized dirt bikes they were driving collided. The collision occurred on a driveway next to the Sembauer home. Darv's Motor Sports, Inc. (DMS), a corporation wholly owned and operated by Jill's parents, Darvin and Kathleen Sembauer, is located on the other side of the Sembauer home. DMS sells and repairs motorcycles. The Sembauers taught Jill how to ride...

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