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HAUGLAND v. MAPLEVIEW LOUNGE BOTTLESHOP

No. CX-01-1395.

643 N.W.2d 618 (2002)

Debra K. HAUGLAND, as trustee for the heirs and next of kin of Robert John Donovan, Sr., Appellant, v. MAPLEVIEW LOUNGE BOTTLESHOP, INC., and Armadillo Willy's, d/b/a Julio's Bar, Respondents.

Court of Appeals of Minnesota.

May 6, 2002.

Attorney(s) appearing for the Case

Peter D. Plunkett, Warren F. Plunkett & Associates, Austin, for appellant.

Peter Waldeck, Peter E. Lind, Waldeck & Lind, P.A., Minneapolis, MN, for respondent Mapleview Lounge & Bottleshop, Inc.

Chandelle L. Heyer, Steven E. Tomsche, Tomsche, Sonnesyn & Tomsche, P.A., Minneapolis, for respondent Armadillo Willy's d/b/a Julio's Bar.

Considered and decided by PETERSON, Presiding Judge, HALBROOKS, Judge, and PARKER, Judge.

OPINION

PETERSON, Judge.

This appeal is from a judgment denying appellant Debra K. Haugland's motion to amend her complaint and dismissing the complaint because, Haugland, as trustee for the next of kin of Robert John Donovan Sr., did not have capacity to bring the action under the Minnesota Civil Damages Act, Minn.Stat. § 340A.801 (2000). We affirm.

FACTS

On February 20, 1999, Robert...

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