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STELTER v. CHIQUITA PROCESSED FOODS, L.L.C

No. C7-02-1302.

658 N.W.2d 242 (2003)

Roger STELTER, et al., Appellants, v. CHIQUITA PROCESSED FOODS, L.L.C., et al., Respondents.

Court of Appeals of Minnesota.

April 1, 2003.

Attorney(s) appearing for the Case

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

Scott Ballou, Brownson & Ballou, P.L.L.P., Minneapolis, MN, for respondents.

Considered and decided by RANDALL, Presiding Judge, SHUMAKER, Judge, and WRIGHT, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

Appellant was injured in respondent's factory when he fell into a drainage gutter after a safety grate over the gutter buckled. The evidence showed that respondent had exclusive control over the grate and that the grate could not fall into the gutter if it had been properly set in place. There was no evidence that appellant moved or lifted the grate. The district court refused to instruct on res ipsa loquitur. The jury...

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