BENSON v. NORTHERN GOPHER ENTERPRISES

No. C7-89-671.

455 N.W.2d 444 (1990)

Carol BENSON, Respondent, v. NORTHERN GOPHER ENTERPRISES, INC., and Kleinman Realty Company, Appellants.

Supreme Court of Minnesota.

Rehearing Denied May 24, 1990.


Attorney(s) appearing for the Case

John M. Anderson, Charles E. Lundberg, Bassford, Heckt, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for appellants.

Douglas E. Schmidt, Sieben, Grose, Von Holtum, McCoy and Carey, Ltd., Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.


KELLEY, Justice.

In this action commenced by a tenant, respondent Carol Benson, against the owner, appellant Northern Gopher Enterprises, Inc., and the manager, appellant Kleinman Realty Company, of a Minneapolis apartment building for damages allegedly sustained by her as a result of an accumulation of carbon monoxide fumes in her apartment, the plaintiff sought to establish liability by relying primarily on the opinion of an expert witness. The trial court excluded...

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