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STRINGER v. MINNESOTA VIKINGS FOOTBALL CLUB

Nos. A03-1635, A04-205.

686 N.W.2d 545 (2004)

Kelci STRINGER, individually and as Personal Representative of the Estate of Korey Stringer, and as Trustee for the Heirs and Next of Kin of Korey Stringer, et al., Appellants, v. MINNESOTA VIKINGS FOOTBALL CLUB, LLC, et al., Respondents, Dennis Green, et al., Defendants, W. David Knowles, MD, et al., Defendants.

Court of Appeals of Minnesota.

September 21, 2004.

Attorney(s) appearing for the Case

Paul DeMarco (pro hac vice), Waite, Schneider, Bayless & Chesley Co., L.P.A., Cincinnati, OH; Eric J. Magnuson, Rider Bennett, L.L.P., Minneapolis, MN; Kenneth R. White, Law Office of Kenneth R. White, P.C., Mankato, MN; Richard G. Hunegs, Randal W. LeNeave, Hunegs, Stone, LeNeave, Kvas & Thornton, P.A., Minneapolis, MN; and Kevin O'C. Green, Law Offices of Kevin O'C. Green, P.A., Mankato, MN, for appellants.

James A. O'Neal, Bruce G. Jones, Amy R. Freestone, Faegre & Benson, L.L.P., Minneapolis, MN, for respondents.

Considered and decided by WRIGHT, Presiding Judge; RANDALL, Judge; and KALITOWSKI, Judge.

OPINION

WRIGHT, Judge.

Appellants brought a wrongful-death action against co-employees of the deceased. The district court granted summary judgment based on co-employee immunity under the workers' compensation act. Arguing that respondents (1) owed a personal duty to the deceased and (2) were grossly negligent in breach of that duty, appellants contend that summary judgment was erroneously granted because there are genuine issues of material fact as to whether...

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