WAJDA v. KINGSBURY

No. C2-02-90.

652 N.W.2d 856 (2002)

Larry WAJDA, et al., Respondents, v. Jonathan KINGSBURY, et al., Appellants.

Court of Appeals of Minnesota.

September 10, 2002.


Attorney(s) appearing for the Case

Jay M. Heffern, Minneapolis City Attorney, William C. Dunning, Assistant City Attorney, Minneapolis, MN, for appellant.

Michael A. Zimmer, Tina M. Dobbelaere, Tewksbury, Kerfeld, Zimmer, Minneapolis, MN, for respondents.

Considered and decided by STONEBURNER, Presiding Judge, TOUSSAINT, Chief Judge, and SCHUMACHER, Judge.


OPINION

TOUSSAINT, Chief Judge.*

This action arose out of a collision between a police squad car and a tow truck. An issue at trial was whether the squad car's siren had been activated. The jury returned a verdict for the tow truck operator, and the district court denied appellants' motion for new trial. Appellants contend that the district court erroneously instructed the jury that it could make an adverse inference from appellants...

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