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HANSEN v. ST. PAUL METRO TREATMENT CENTER, INC.

No. C1-99-1350.

609 N.W.2d 625 (2000)

Susanne HANSEN, as trustee for the next-of-kin of Adam R. Helmbrecht, Respondent, v. ST. PAUL METRO TREATMENT CENTER, INC., et al., Appellants.

Court of Appeals of Minnesota.

April 25, 2000.

Attorney(s) appearing for the Case

Daniel J. Maertens, Steven J. Quam, Fredrikson & Byron, P.A., Minneapolis (for respondent)

Rebecca Egge Moos, Charles E. Lundberg, Shalanda D. Ballard, Bassford, Lockhart, Truesdell Briggs, P.A., Minneapolis (for appellants)

Considered and decided by SCHUMACHER, Presiding Judge, PETERSON, Judge, and ANDERSON, Judge.

OPINION

G. BARRY ANDERSON, Judge.

St. Paul Metro Treatment Center, Inc. (the center), Colonial Group, Inc. (Colonial), and Dr. Randall B. Greene appeal from the judgment after a jury trial and the court's denial of their posttrial motions. They contend that the district court erred by aggregating fault based on a joint venture theory because (1) respondent waived her right to assert joint venture by failing to plead or prove it at trial and (2) even if she...

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