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ACKERMAN v. AMERICAN FAMILY MUT. INS.

No. C4-88-1802.

435 N.W.2d 835 (1989)

Cindy J. ACKERMAN, as Trustee for the heirs of Frank Ackerman, deceased, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, David Gene Mykelby, Third-Party Defendant, City of Minneapolis, Third-Party Defendant, Respondents.

Court of Appeals of Minnesota.

February 21, 1989.

Attorney(s) appearing for the Case

David J. Moskal, Peter H. Berge, Schwebel, Goetz & Sieben, P.A., Minneapolis, for Cindy J. Ackerman, as Trustee for the heirs of Frank Ackerman, deceased, appellant.

Michael D. Tewksbury, Eric Magnuson, Rider, Bennett, Egan & Arundel, Minneapolis, for American Family Mut. Ins. Co., respondent.

Robert J. McGuire, Mark A. Gwin, Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, for David Gene Mykelby, third-party defendant, respondent.

Robert J. Alfton, City Atty., Steven R. Fredrickson, Asst. City Atty., Minneapolis, for City of Minneapolis, third-party defendant, respondent.

Heard, considered and decided by HUSPENI, P.J., and NIERENGARTEN and LESLIE,, JJ.

OPINION

HUSPENI, Judge.

Cindy J. Ackerman, as trustee for the heirs of Frank Ackerman, deceased, appeals from the summary judgment in favor of respondents David Mykelby and American Family Insurance Company which declared that as a matter of law David Mykelby was not grossly negligent. Appellant also argues, alternatively, that Minn.Stat. § 176.061, subd. 5(c) is inapplicable to the facts of this case or is unconstitutional. We affirm.

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