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HENNES v. PATTERSON

Nos. C8-88-1690, C9-88-1746.

443 N.W.2d 198 (1989)

Keith W. HENNES, Appellant (C8-88-1690), Respondent (C9-88-1746), Mary L. Stassen, Respondent, v. Margaret A. PATTERSON, Respondent, State of Minnesota, Respondent (C8-88-1690), Appellant (C9-88-1746).

Court of Appeals of Minnesota.

Review Denied September 15, 1989.

Attorney(s) appearing for the Case

D. Patrick McCullough, McCullough, McCullough, Dyrud & Smith, St. Paul, for Keith W. Hennes.

Alden E. Schlagel, Schlagel, Legler & Nelson, St. Paul, for Mary L. Stassen.

Victor B. Anderson, St. Paul, for Margaret A. Patterson.

Hubert H. Humphrey III, Atty. Gen., Jerome L. Getz, Sp. Asst. Atty. Gen., St. Paul, for State.

Heard, considered and decided by CRIPPEN, P.J., and NORTON and MULALLY, JJ.

OPINION

NORTON, Judge.

A jury awarded Keith Hennes approximately $1.5 million and Mary Stassen $95,000 for damages which they received as a result of a car accident on December 20, 1983. The jury found the state's negligence contributed 75% to the cause of the accident, and the driver, Margaret Patterson's negligence contributed 25%. Keith Hennes appeals claiming that the limitation of damages in Minn.Stat. § 3.736, subd. 4 is unconstitutional. The...

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