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HENTGES v. THOMFORD

No. C7-97-537.

569 N.W.2d 424 (1997)

Michele HENTGES, as Trustee for the next of kin of John Wesley Hentges, Decedent, judgment creditor, Respondent, v. Reverend Joel W. THOMFORD, judgment debtor, Respondent, and Church Mutual Insurance Company, garnishee, Appellant.

Court of Appeals of Minnesota.

October 7, 1997.

Attorney(s) appearing for the Case

Joe E. Thompson, Schmidt, Thompson, Johnson & Moody, P.A., Willmar, Jeffrey R. Brauchle, Minneapolis, for respondent Hentges.

John H. Scherer, Rajkowski Hansmeier Ltd., St. Cloud, for respondent Thomford.

Richard L. Pemberton, Jr., W.D. Flaskamp, Leatha G. Wolter, Meagher & Geer, P.L.L.P., Minneapolis, for appellant.

Considered and decided by LANSING, P.J., and RANDALL and HARTEN, JJ.

OPINION

LANSING, Judge.

On appeal from the denial of alternative motions for judgment notwithstanding the verdict or a new trial, a church's insurer disputes the legal and factual adequacy of the evidence to establish vicarious liability. The jury found that the church's pastor was acting within the scope of his employment when he accidentally shot and killed a hunting companion who was a church parishioner. We reverse the denial of JNOV.

FACTS...

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