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STAAB v. DIOCESE OF ST. CLOUD

No. A09-1335.

780 N.W.2d 392 (2010)

Alice Ann STAAB, Respondent, v. DIOCESE OF ST. CLOUD, Appellant.

Court of Appeals of Minnesota.

March 30, 2010.

Attorney(s) appearing for the Case

Kevin S. Carpenter, Carpenter Injury Law Office, St. Cloud, MN, and H.M. Kershner, Pemberton, Sorlie, Rufer & Kershner, P.L.L.P., Fergus Falls, MN, for respondent.

Dyan J. Ebert, Laura A. Steffes Moehrle, Quinlivan & Hughes, P.A., St. Cloud, MN, for appellant.

Richard J. Thomas, Burke & Thomas PLLP, St. Paul, MN, for amicus Minnesota Defense Lawyers Association.

Considered and decided by PETERSON, Presiding Judge; KLAPHAKE, Judge; and SHUMAKER, Judge.

OPINION

KLAPHAKE, Judge.

The district court determined that appellant Holy Cross Parish School of the Diocese of St. Cloud was liable for 100% of the damages respondent Ann Staab sustained as the result of a fall on school premises, even though a jury had determined that appellant and respondent's husband were equally at fault in causing the accident. Because Minn.Stat. § 604.02, subd. 1, provides for joint and several liability only against parties...

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