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BOOTH v. GADES

No. A08-2054.

771 N.W.2d 69 (2009)

Thomas BOOTH, et al., Appellants, v. Ryan GADES, Respondent, City of Cyrus Fire Department, Respondent.

Court of Appeals of Minnesota.

August 25, 2009.

Attorney(s) appearing for the Case

Amy J. Doll, Fluegel, Helseth, McLaughlin, Anderson & Brutlag, Chtd., Morris, MN, for appellants.

Timothy P. Tobin, Lynn Schmidt Walters, Gislason & Hunter, L.L.P., Minneapolis, MN, for respondent City of Cyrus.

Considered and decided by MINGE, Presiding Judge; STONEBURNER, Judge; and COLLINS, Judge.

OPINION

STONEBURNER, Judge.

Appellants, who were injured in an automobile accident caused by the alleged negligent, employment-related driving of a firefighter employed by respondent city, challenge the dismissal of their action against city, arguing that the district court erred in concluding that their Drake v. Ryan settlement with firefighter destroyed city's vicarious liability for firefighter's alleged negligence. Because appellants did not fully...

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