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BLOOM v. HYDROTHERM, INC.

No. C3-92-1262.

499 N.W.2d 842 (1993)

Pamela A. BLOOM, Appellant, v. HYDROTHERM, INC., George Farnum, d/b/a Farnum Plumbing and Heating, The Estate of Norman Gronli, et al., John H. Stanger, d/b/a Stanger Plumbing and Heating, Respondents, Donald E. Swart, d/b/a Don's Plumbing and Heating, Defendant. Lynn Donald SCHMIEDEKER, trustee for the heirs and next of kin of Donald Kirk Schmiedeker, decedent, Appellant, v. HYDROTHERM, INC., George Farnum, d/b/a Farnum Plumbing and Heating, Respondents, Al Jaeger, d/b/a Jaeger Plumbing and Heating, et al., Defendants, The Estate of Norman Gronli, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied June 28, 1993.

Attorney(s) appearing for the Case

Douglas E. Schmidt, Wilbur W. Fluegel, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Minneapolis, for Pamela A. Bloom.

Ronald C. Anderson, Hulstrand, Anderson & Larson, Willmar, for Hydrotherm, Inc.

James T. Martin, Gislason, Martin & Varpness, Edina, for George Farnum.

Raymond Krause, Blethen, Gage & Krause, Mankato, for Estate of Norman Gronli, et al.

Frederick Grunke, Janelle P. Kendall, Donohue Rajkowski, Ltd., St. Cloud, for John H. Stanger.

Richard A. Williams, Jr., Minneapolis, for Lynn Donald Schmiedeker.

Considered and decided by CRIPPEN, P.J., and NORTON and AMUNDSON, JJ.

OPINION

CRIPPEN, Judge.

This case deals with damages suffered because of a furnace failure, where a jury determined that fault was evenly divided between a furnace installer and the property owner. We must determine whether the trial court erred by permitting the jury to consider an allocation of fault to the property owner. More critically, if the court erred, we must determine whether a new trial can be required, which might produce a finding of fault...

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