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LUBBERS v. ANDERSON

Nos. C4-94-1243, CX-94-1618.

524 N.W.2d 735 (1994)

Shawn LUBBERS, et al., Appellants (CX-94-1618), Respondents (C4-94-1243), v. Greg ANDERSON, Defendant and Third Party Plaintiff, Appellant (C4-94-1243), Respondent (CX-94-1618), Richard Neutilla, Third Party Defendant, Respondent.

Court of Appeals of Minnesota.

Review Granted February 14, 1995.

Attorney(s) appearing for the Case

Gary E. Stoneking, Harlan M. Goulett, Stoneking & Goulett, P.A., Minneapolis, for Shawn Lubbers, et al.

James L. Haigh, Barret W.S. Lane, Cousineau, McGuire & Anderson, Minneapolis, for Greg Anderson, defendant and third party plaintiff.

Steven L. Viltoft, Lori L. Jensen-Lea, LaBore & Giuliani, Ltd., Hopkins, for Richard Neutilla, third party defendant.

Considered and decided by RANDALL, P.J., and SCHUMACHER and MANSUR, JJ.

OPINION

SCHUMACHER, Judge.

Shawn and Lora Lubbers and Greg Anderson appeal from an amended judgment, arguing that the district court erred in deciding as a matter of law that respondent Richard Neutilla did not owe them any duty of care. We reverse and remand.

FACTS

On the evening of January 18, 1992, eleven people decided to snowmobile from Floodwood to Cherry, Minnesota on the St. Louis River. Anthony Clement had been on the river the...

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