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A & L POTATO CO. v. AGGREGATE INDUSTRIES

No. A08-0242.

759 N.W.2d 57 (2009)

A & L POTATO COMPANY, INC., Appellant, v. AGGREGATE INDUSTRIES, Defendant and Third-Party Plaintiff, Respondent, v. Burlington Northern Santa Fe Railway, Third-Party Defendant, Respondent.

Court of Appeals of Minnesota.

January 6, 2009.

Attorney(s) appearing for the Case

Gerard D. Neil, Gerard D. Neil, P.C., East Grand Forks, MN, for appellant.

Patrick R. Morley, Kraig A. Wilson, Morley Law Firm, Ltd., Grand Forks, ND, for respondent Aggregate Industries.

Carlton Hunke, Vogel Law Firm, Fargo, ND, for respondent Burlington Northern.

Considered and decided by SHUMAKER, Presiding Judge; STONEBURNER, Judge; and STAUBER, Judge.

OPINION

STONEBURNER, Judge.

Appellant challenges the district court's calculation of prejudgment interest, arguing that the district court erred by (1) concluding that respondent's rule 68 offer constituted a written offer within the meaning of Minn.Stat. § 549.09, subd. 1(b) (2008), and (2) failing to consider appellant's notice of claim as an offer under the statute. Because we agree that the district court erred in concluding that respondent's rule...

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