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PROBST v. HOLLAND

No. C3-89-893.

441 N.W.2d 836 (1989)

Craig PROBST and Mary Ann Probst, individually and on behalf of Michael Probst, a minor child, Respondents, v. David Roy HOLLAND, Petitioner, Larry R. Holland, Defendant.

Court of Appeals of Minnesota.

June 20, 1989.

Attorney(s) appearing for the Case

Kevin Carpenter, Quinlivan, Sherwood, Spellacy & Tarvestad, St. Cloud, for respondents.

Jon R. Hawks, Minneapolis, for petitioner.

Considered at Special Term and decided by WOZNIAK, C.J., LANSING, and SHORT, JJ., without oral argument.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Respondents Probst sought damages arising from an accident involving petitioner David Holland. Holland argued that brake failure was a superseding cause of the accident. The jury found that Holland was negligent but not the direct cause of the accident. The trial court found "it was a fundamental error of law to instruct the jury on superseding causes," and granted a new trial. Holland simultaneously...

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