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SWELBAR v. LAHTI

No. C6-91-46.

473 N.W.2d 77 (1991)

Gaylord SWELBAR, as trustee for the heirs of Jessica Lou Ann Brigan, deceased, Appellant, v. Troy Allan LAHTI, et al., Respondents.

Court of Appeals of Minnesota.

July 16, 1991.

Attorney(s) appearing for the Case

Harry L. Newby, Jr., Newby, Lingren, Newby & Carlson, Ltd., Cloquet, for appellant.

Michael W. Haag, Crassweller, Magie, Andresen, Haag & Paciotti, P.A., Duluth, for respondents.

Peter W. Riley, DeParcq, Hunegs, Stone, Koeneg & Reid, P.A., Minneapolis, for amicus Minnesota Trial Lawyers Ass'n.

George W. Soule, Cynthia J. Atsatt, Bowman and Brooke, Minneapolis, for amicus Minnesota Defense Lawyers Ass'n.

Considered and decided by CRIPPEN, P.J., WOZNIAK, C.J., and DAVIES, J.

OPINION

CRIPPEN, Judge.

Appellant, pursuing a wrongful death action arising from a car accident, contends the trial court erred in refusing to strike affirmative defenses alleging that the decedent child had not been in a child passenger restraint system as required by Minn.Stat. § 169.685, subd. 5(b) (1988). Appellant argues these defenses are barred by Minn. Stat. § 169.685, subd. 4 (1988). We agree and reverse.

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