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MacRAE v. GROUP HEALTH PLAN, INC.

No. A06-1982.

753 N.W.2d 711 (2008)

Margaret MacRAE, trustee for the next of kin of Roderick MacRae, Appellant, v. GROUP HEALTH PLAN, INC., et al., Respondents.

Supreme Court of Minnesota.

July 31, 2008.

Attorney(s) appearing for the Case

Kay N. Hunt, Lommen, Abdo, Cole, King, Stageberg, P.A., Minneapolis, MN, for appellant.

Charles E. Lundberg, Bassford, Remele, Minneapolis, MN, for respondent.

Mark A. Hallberg, Hallberg & McClain, St. Paul, MN, for amicus, Minnesota Association for Justice.

Diane B. Bratvold, Briggs & Morgan, William M. Hart, Meagher & Geer, P.L.L.P., Minneapolis, MN, for amicus, Minnesota Defense Lawyers Association.

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

OPINION

GILDEA, Justice.

Margaret MacRae brought this malpractice action after her husband, Roderick MacRae, died from cancer. The district court dismissed the complaint, finding that Margaret's claim was barred by the statute of limitations, and the court of appeals affirmed. Because respondents did not meet their burden to show that Margaret incurred compensable damage more than 4 years before she filed this...

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