OELSCHLAGER v. MAGNUSON

No. C5-94-1252.

528 N.W.2d 895 (1995)

David A. OELSCHLAGER, Appellant, v. Albert C. MAGNUSON, personally, and as Pastor for the Redeemer Covenant Church of Brooklyn Park, Defendant, Northwest Conference of the Evangelical Covenant Church of America, et al., Defendants, Redeemer Covenant Church of Brooklyn Park, Respondent.

Court of Appeals of Minnesota.

Review Denied April 27, 1995.


Attorney(s) appearing for the Case

Jeffrey R. Anderson, Mark A. Wendorf, Teresa K. Patton, St. Paul, Charles W. Faulkner, Faulkner & Faulkner, Minneapolis, James W. Kerr, Prior Lake, for appellant.*

Kenneth F. Daniels, Minneapolis, for defendant Albert C. Magnuson.

W.D. Flaskamp, Meagher & Geer, Minneapolis, for respondent Redeemer Covenant Church of Brooklyn Park.

Considered and decided by RANDALL, P.J., and CRIPPEN and MULALLY, JJ.


OPINION

CRIPPEN, Judge.

A jury found that a pastor, while acting within his scope of employment with respondent, sexually battered appellant. The jury apportioned negligence between appellant David Oelschlager (none), a settling defendant (60 percent), and respondent Redeemer Covenant Church of Brooklyn Park (40 percent). The trial court ordered judgment against Redeemer for only 40 percent of the jury's verdict because of the settlement with the other negligent...

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