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BERG v. NELSON

No. C8-96-1198.

559 N.W.2d 722 (1997)

Mary K. BERG, et al., Respondents, v. Fern E. NELSON, Defendant. Mark R. PEARSON, Appellant, and Kimberly Davis, et al., Respondents, v. Fern Ethel NELSON, Defendant. Sharon KRUSE, Respondent, v. Fern NELSON, Defendant. Mark R. PEARSON, Appellant, and Kim S. Pearson, Plaintiff, v. Fern Ethel NELSON, Defendant.

Court of Appeals of Minnesota.

March 11, 1997.

Attorney(s) appearing for the Case

Sharon L. Van Dyck, James R. Schwebel, Schwebel, Goetz, Sieben & Moskal, P.A., Minneapolis, for Respondents Mary K. Berg, et al.

Louise Dovre Bjorkman, Jeanne H. Unger, Rider, Bennett, Egan & Arundel, L.L.P., Minneapolis, for Appellant.

Dale Wagner, Louis J. Speltz, Charles E. Jones, Moss & Barnett, Minneapolis, for Respondents Kimberly Davis, et al.

Priscilla Faris, Faris & Faris, Minneapolis, for Respondent Sharon Kruse.

Considered and decided by LANSING, P.J., and PETERSON and MANSUR, JJ.

OPINION

MARTIN J. MANSUR, Judge.

The district court permitted the jury to consider the issue of appellant's negligence in causing an automobile accident in which respondents were injured. The jury found appellant 5% liable for the accident. Appellant sought a judgment notwithstanding the verdict, or in the alternative a new trial, on the theory that the district court should have applied the emergency rule as a matter of law, shielding him from liability...

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