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CARLSON v. POWLISH

No. C8-88-71.

428 N.W.2d 471 (1988)

Brenda L. CARLSON, as trustee for the heirs and next-of-kin of Dale J. Carlson, Appellant, v. Sharon POWLISH, Respondent, Henry Powlish, Defendant.

Court of Appeals of Minnesota.

Review Denied October 26, 1988.

Attorney(s) appearing for the Case

Ronald R. Frauenshuh, Sr., Frauenshuh and Spooner, P.A., Paynesville, for appellant.

William W. Thompson, Schmidt, Thompson, Thompson, Johnson & Moody, P.A., Willmar, for respondent.

Richard C. Hefte, Rufer, Hefte, Pemberton, Sorlie Sefkow, Kershner & Bigwood, Fergus Falls, for defendant.

Heard, considered and decided by WOZNIAK, P.J., CRIPPEN and SHORT, JJ.

OPINION

CRIPPEN, Judge.

At the trial of appellant Brenda Carlson's wrongful death claim against respondent Sharon Powlish, the trial court granted a directed verdict as to decedent's negligence, but left the questions as to causation and respondent's negligence to the jury. We reverse and remand for a new trial.

FACTS

Dale Carlson died in a two-vehicle collision occurring about 11:45 p.m. on May 28,

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