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YAMRY-SMOLEY v. ZEHRER

No. C6-88-702.

432 N.W.2d 480 (1988)

Julie Ann YAMRY-SMOLEY, Respondent, v. Patrick Leo ZEHRER, Appellant, Marvin Krietman, Respondent.

Court of Appeals of Minnesota.

Review Granted January 31, 1989.

Attorney(s) appearing for the Case

Edwin E. Voigt, II, William K. Strifert, Taylor Law Firm, P.A., Minneapolis, for Julie Ann Yamry-Smoley.

Michael T. Feichtinger, Michael J. Ford, Quinlivan, Sherwood, Spellacy & Tarvstad, P.A., St. Cloud, for Patrick Leo Zehrer.

Julie A. Williams, Cragg & Bailly, Ltd., Minneapolis, for Marvin Krietman.

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

OPINION

SCHUMACHER, Judge.

This is an appeal of the trial court's denial of appellant's motions for a new trial and JNOV on the issues of negligence and evidence submitted to the jury concerning consumption of alcohol.

FACTS

Respondent Yamry-Smoley brought an action for personal injuries resulting from an auto accident which occurred on January 9, 1987 between 11:00-11:30 p.m. on County Road 24 near Bowlus, Minnesota. It was a clear winter...

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