KULINSKI v. MEDTRONIC BIO-MEDICUS, INC.

No. C5-97-942.

577 N.W.2d 499 (1998)

James M. KULINSKI, Plaintiff, v. MEDTRONIC BIO-MEDICUS, INC., Defendant.

Supreme Court of Minnesota.

April 16, 1998.


Attorney(s) appearing for the Case

Mackall, Crounse & Moore, PLC, Stephen P. Kelley, Joanne H. Turner, Minneapolis, for Plaintiff.

Briggs & Morgan, Jeffrey J. Keyes, Jay W. Schlosser, Minneapolis, for Defendant.

Heard, considered, and decided by the court en banc.


OPINION

TOMLJANOVICH, Justice.

On certification from the Eighth Circuit Court of Appeals, we are called upon to decide whether:

a plaintiff in the particular circumstances of this case, whose favorable verdict and judgment was vacated on appeal for lack of subject matter jurisdiction, [may] bring the same claim under a different legal theory and be saved by the operation of Minnesota's savings statute...

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