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O'DONNELL v. BRODEHL

No. C5-88-1808.

435 N.W.2d 68 (1989)

Erik James O'DONNELL, Plaintiff, v. Paul Arthur BRODEHL, and City of Chaska, Defendants, CITY OF CHASKA, Third-Party Plaintiff, v. JONATHAN DEVELOPMENT CORPORATION, et al., Third-Party Defendants, WESTFIELD INSURANCE COMPANIES, intervenor, Appellant, v. Erik James O'DONNELL, Defendant, Paul Arthur Brodehl, Respondent.

Court of Appeals of Minnesota.

Review Denied March 30, 1989.

Attorney(s) appearing for the Case

Jerome A. Ritter, Jerome A. Ritter & Assoc., St. Paul, for Erik James O'Donnell, plaintiff.

Mark J. Condon, Rae L. Randolph, Chadwick, Johnson & Condon, Minneapolis, for Paul Arthur Brodehl, and City of Chaska, defendants.

Carol A. Kubic, Pustorino, Pederson, Tilton & Parrington, Minneapolis, for City of Chaska, third-party plaintiff.

Gary Thompson, Minnetonka, for Jonathan Development Corp., et al., third-party defendants.

Daniel J. Roth, Lundquist & Roth, P.A., Minneapolis, for Westfield Ins. Companies, intervenor, appellant.

Heard, considered and decided by SCHUMACHER, P.J., and PARKER and SHORT, JJ.

OPINION

PARKER, Judge.

Westfield Insurance Companies (Westfield) appeals from a judgment, entered pursuant to Minn.R.Civ.P. 54.02, allowing the dismissal of its subrogation claim against the tortfeasor, respondent Arthur Brodehl. We reverse.

FACTS

The accident in this case occurred on September 4, 1985, in which the insured, Erik O'Donnell, sustained injuries when he was struck by a car driven by the tortfeasor, respondent Paul Brodehl...

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