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PETERS v. INDEPENDENT SCHOOL DIST. 657

Nos. CO-91-835, C2-91-836.

477 N.W.2d 757 (1991)

Angela PETERS, Respondent (CO-91-835), Calvin Peters, Trustee for the Next-of-Kin of Jamie Peters, Decedent, Respondent (C2-91-836), v. INDEPENDENT SCHOOL DISTRICT NUMBER 657, MORRISTOWN, Minnesota, Defendant and Third-Party Plaintiff, Appellant, v. Patricia PETERS, Third-Party Defendant, Respondent.

Court of Appeals of Minnesota.

November 26, 1991.

Attorney(s) appearing for the Case

Gary L. Voegele, Cook, Voegele and Nelson, P.A., Faribault, for Angela Peters.

Peter J. Schmitz, Schmitz & Ophaug, Northfield, for Calvin Peters.

Jeffrey A. Hanson, Dunlap, Finseth, Berndt & Sandberg, P.A., Rochester, for appellant.

William J. Baudler, Baudler, Baudler, Maus & Blahnik, Austin, for Patricia Peters.

Considered and decided by FOLEY, P.J., and FORSBERG and KALITOWSKI, JJ.

OPINION

KALITOWSKI, Judge.

Appellant school district challenges the trial court's jurisdiction to grant a new trial and the trial court's determination that failure to submit Minn.Stat. § 169.19, subd. 4 (1986) as a jury instruction constituted an error of law. Respondents, Angela and Calvin Peters, appeal the trial court's denial of their motions for a new trial on the issue of damages.

FACTS

On September 15, 1987, Gordon Butler,...

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