BUTTS EX REL. IVERSON v. GOOD SAMARITAN

No. A11-290.

802 N.W.2d 839 (2011)

Beverly BUTTS, by and through her Power of Attorney, Kathy IVERSON; et al., Respondents, v. The EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, individually and d/b/a Good Samaritan Society—Albert Lea, Appellant, Brianna Broitzman, et al., Co-Appellants.

Court of Appeals of Minnesota.

August 8, 2011.


Attorney(s) appearing for the Case

James P. Carey , Marcia K. Miller , Sieben, Grose, Von Holtum & Carey Ltd., Minneapolis, MN; and Mark R. Kosieradzki , Joel E. Smith , Kosieradzki Smith Law Firm LLC., Plymouth, MN, for respondents.

William M. Hart , Barbara A. Zurek , Melissa Dosick Riethof , Meagher & Geer P.L.L.P., Minneapolis, MN, for appellant.

Stephen O. Plunkett , Shanda K. Pearson , Steven P. Aggergaard , Bassford Remele , Minneapolis, MN, for co-appellants.

Considered and decided by SCHELLHAS, Presiding Judge; MINGE, Judge; and WRIGHT, Judge.


OPINION

SCHELLHAS, Judge.

Appellants challenge the district court's grant of motions to voluntarily dismiss personal-injury claims that, under Minn. Stat. § 573.01, abated upon the death of the victims, and appellants challenge denial of their motions for summary judgment under the same statute. Because the dismissals without prejudice deprived appellants of an otherwise available defense to the claims and because that defense entitles appellants to...

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