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LEFTO v. HOGGSBREATH ENTERPRISES, INC.

No. C3-97-261.

581 N.W.2d 855 (1998)

Desiree LEFTO, individually and as parent and guardian of Nicole Lefto, a minor, Respondent, v. HOGGSBREATH ENTERPRISES, INC., petitioner, Appellant.

Supreme Court of Minnesota.

July 23, 1998.

Attorney(s) appearing for the Case

Jerome B. Abrams, Lauris A. Heyerdahl, Abarms & Smith, P.A., Mark Condon, Johnson & Condon, Minneapolis, for Appellant.

Arthur Kosieradzki, Sieben, Grose, Von Holtum, McCoy & Carey Ltd., Logan N. Freeman III, Minneapolis, for Respondent.

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

OPINION

PAGE, Justice.

Desiree Lefto commenced this action against Hoggsbreath Enterprises, Inc. ("Hoggsbreath") under the Minnesota Civil Damage Act (the "Act"),1 on behalf of her daughter Nicole and herself, as a result of an August 28, 1993, motor vehicle accident that seriously injured Michael Lefto, her then fiancé and now husband. At the time of the accident, Desiree Lefto...

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