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SCHREINER v. SCHMITZ

No. C3-87-1473.

418 N.W.2d 206 (1988)

Ralph SCHREINER, as Trustee Under the Minnesota Wrongful Death Act for the Next of Kin of Nicholas Schreiner, Deceased, Appellant, v. Robert John SCHMITZ, et al., Third Party Plaintiffs, Respondents, v. Judith Ann SCHREINER, Third Party Defendant, Respondent.

Court of Appeals of Minnesota.

Review Granted April 4, 1988.

Attorney(s) appearing for the Case

L. Michael Hall, P.A., L. Michael Hall, James A. Lavoie, St. Cloud, for appellant.

Robert S. Cragg, Daniel Eugene Fobbe, Minneapolis, for third party plaintiffs, respondents.

Michael T. Milligan, Steven R. Schwegman, Quinlivan, Sherwood, Spellacy & Tarvestad, P.A., St. Cloud, for third party defendant, respondent.

Hubert H. Humphrey, III, Atty. Gen., Paul K. Kohnstamm, Asst. Atty. Gen., St. Paul, amicus curiae.

Heard, considered and decided by FOLEY, P.J., and SCHUMACHER and STONE, JJ.

OPINION

SCHUMACHER, Judge.

This is an appeal from the trial court's entry of judgment after a jury verdict in a wrongful death action. Appellant claims error on various grounds, including a constitutional challenge to the future damages discount provision of the Tort Reform Act, Minn.Stat. § 604.07 (1986).

FACTS

Two and one-half year old Nicholas Schreiner was killed in an automobile accident, when the car driven by his mother collided...

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