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WILLIAMS v. HARRIS

Nos. CX-94-288, CX-94-355.

518 N.W.2d 864 (1994)

Ouida Rosellen WILLIAMS, as Trustee for the heirs of Thomas Wayne Williams, Jimmy Don Williams and Sandra J. Williams, Appellant (CX-94-288), Respondent (CX-94-355), v. John HARRIS, et al., Defendants, and Shafer Contracting Co., Inc., Defendant and Third-Party Plaintiff, Respondent, v. WARNING LITES OF MINNESOTA, INC., Third-Party Defendant, Respondent. Ginger Sue BISHOP, as Trustee for the heirs of Robert Joe Gillaspy, Plaintiff (CX-94-288), Appellant (CX-94-355), v. John HARRIS, et al., Defendants, and Shafer Contracting Co., Inc., Defendant and Third-Party Plaintiff, Respondent (CX-94-355), v. WARNING LITES OF MINNESOTA, INC., Third-Party Defendant, Respondent (CX-94-355).

Court of Appeals of Minnesota.

July 5, 1994.

Attorney(s) appearing for the Case

James C. Wicka, Jeffrey M. Ellis, Messerli & Kramer, Minneapolis, for Williams, etc., Appellant (CX-94-288), Respondent (CX-94-355).

John H. Hinderaker, James J. Hartnett, Faegre & Benson, Minneapolis, for Ginger Sue Bishop, etc., Plaintiff (CX-94-288), Appellant (CX-94-355).

John M. Kennedy, Jr., Mary P. Rowe, Jardine, Logan & O'Brien, St. Paul, for Shafer Contracting Co., Inc.

Kenneth W. Dodge, Mark Bloomquist, Meagher & Geer, Minneapolis, for Warning Lites of Minn., Inc.

Considered and decided by DAVIES, P.J., and LANSING and FORSBERG, JJ.

OPINION

LANSING, Judge.

This appeal raises the issue of whether a road construction contractor and its subcontractor have a contractual or common law duty to motorists using a detour route designed and maintained by the State of Minnesota. We hold that neither the contract nor the common law imposes a duty on the contractor or the subcontractor to provide for the safety of a detour route that is a preexisting roadway outside the construction zone. Nor is...

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