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TOMFOHR v. MAYO FOUNDATION

No. C8-89-1148.

450 N.W.2d 121 (1990)

Suzanne TOMFOHR, as trustee for the heirs of John Tomfohr, deceased, Plaintiff, v. The MAYO FOUNDATION and St. Mary's Hospital, Defendants.

Supreme Court of Minnesota.

January 12, 1990.

Attorney(s) appearing for the Case

Craig A. Beck, Dorsey & Whitney, Rochester, and Thomas Tinkham, Michael J. Wahoske, Laurie A. Vasichek, Minneapolis, and Ann E. Decker, Legal Counsel, Mayo Clinic, Rochester, for defendants.

John C. Goetz, Schwebel, Goetz & Sieben, P.A., Minneapolis, for plaintiff.

Minnesota Psychiatric Soc., Fredrikson & Byron, P.A., Robert C. Boisvert, Jr., Minneapolis, amicus curiae.

Heard, considered and decided by the court en banc.

KELLEY, Justice.

This case comes to us on an Order of Certification issued by the United States District Court for the District of Minnesota pursuant to Minn.Stat. § 480.061 et seq. (1988) (the Uniform Certification of Questions of Law Act).1 The certified question we address reads:

In a medical malpractice action maintained by a trustee for the heirs and next of kin of a decedent...

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