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SMITH v. RUNK

No. C4-88-66.

425 N.W.2d 299 (1988)

Randall W. SMITH as Trustee for the heirs and next of kin of Leslie Randall Smith, Appellant, v. David RUNK, et al., Respondents.

Court of Appeals of Minnesota.

June 21, 1988.

Attorney(s) appearing for the Case

James R. Bell, Bell, Arcand, Florin & Tennant, St. Paul, for appellant.

Kay Nord Hunt, V. Owen Nelson, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for respondents.

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

OPINION

SCHUMACHER, Judge.

Appellant Randall W. Smith, as trustee for the heirs and next of kin of Leslie Randall Smith, commenced this personal injury action against respondents David Runk and his father Terry Runk. By agreement of the parties, all claims against Terry Runk were dismissed at the beginning of trial. After appellant had rested, the court granted Runk's motion for a directed verdict. This appeal followed entry of judgment in Runk's favor....

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