ROWE v. MUNYE

No. A03-465.

674 N.W.2d 761 (2004)

Cheryl ROWE, Respondent, v. Mohamed MUNYE, Appellant, Employers Mutual Insurance Company/Dakota Fire Insurance Company, Defendants.

Court of Appeals of Minnesota.

February 17, 2004.


Attorney(s) appearing for the Case

Michael D. Tewksbury, Darin S. Wieneke, Tewksbury, Kerfeld, Zimmer, Minneapolis, MN, for respondent.

Terence R. Peterson, Scott A. Brehm & Associates, Roseville, MN, for appellant.

Considered and decided by TOUSSAINT, Chief Judge, LANSING, Judge, and WRIGHT, Judge.


OPINION

LANSING, Judge.

In an action for personal injuries sustained in a car accident, Cheryl Rowe presented medical evidence of a new injury and an aggravation of a pre-existing condition. Over Mohamed Munye's objection, the district court instructed the jury, using CIVJIG 91.40, that if they were unable to separate damages caused by the pre-existing condition from the existing medical condition, then Munye...

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