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ROWE v. MUNYE

No. A03-465.

702 N.W.2d 729 (2005)

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

Supreme Court of Minnesota.

August 18, 2005.

Attorney(s) appearing for the Case

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

Terrence R. Peterson, Corrine L. Evenson & Associates, St. Paul, MN, for Respondent.

William M. Hart, Damon L. Highly, Meagher & Geer, PLLP, Minneapolis, MN, for Amicus Curiae MN Defense Lawyers Ass'n.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, PAUL H., Justice.

In the case before us, we must determine whether using CIVJIG 91.40 to instruct a jury on aggravation of a preexisting injury or condition improperly shifts to the defendant the burden of apportioning a plaintiff's automobile accident injuries and her preexisting injuries. The subject of this action is an automobile accident that occurred when a vehicle driven by Mohamed Munye rear-ended Cheryl Rowe's vehicle. Claiming...

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