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ALTIMUS v. HYUNDAI MOTOR CO.

No. C7-97-2238.

578 N.W.2d 409 (1998)

Richard ALTIMUS, et al., Appellants, v. HYUNDAI MOTOR COMPANY, a South Korean corporation, Hyundai Motor America, Inc., a California corporation, Respondents, Ray Joseph Leasing, Respondent.

Court of Appeals of Minnesota.

June 9, 1998.

Attorney(s) appearing for the Case

Steven J. Kirsch, Mark D. Covin, Murnane, Conlin, White & Brandt, P.A., St. Paul, for appellants.

Robert M. Lewis, David W. Graves, Jr., Bowman & Brooke, Minneapolis, for respondents Hyundai Motor Co. and Hyundai Motor America, Inc.

James A. Reding, Jr., Lars C. Erickson, Reding & Pilney, St. Paul, for respondent Ray Joseph Leasing.

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

OPINION

LANSING, Judge.

The district court entered summary judgment in September 1997 on a June 1995 complaint for injuries allegedly caused by a defective seatbelt restraint system in a 1991 accident. We conclude that it was not an abuse of discretion for the district court to grant summary judgment rather than a voluntary dismissal without prejudice, and we affirm.

FACTS

Richard Altimus and his niece, Nicolle Altimus L'Abbe, sustained...

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