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STAAB v. DIOCESE OF ST. CLOUD

Nos. A12-1575, A12-1972.

830 N.W.2d 40 (2013)

Alice Ann STAAB, Respondent (A12-1575), Appellant (A12-1972), v. DIOCESE OF ST. CLOUD, Appellant (A12-1575), Respondent (A12-1972).

Court of Appeals of Minnesota.

April 29, 2013.

Attorney(s) appearing for the Case

H. Morrison Kershner , Pemberton, Sorlie, Rufer & Kershner, PLLP, Fergus Falls, MN; and Kevin S. Carpenter , Kevin S. Carpenter, P.A., St. Cloud, MN (for respondent/appellant).

Dyan Jean Ebert , Laura A. Moehrle , Quinlivan & Hughes, P.A., St. Cloud, MN (for appellant/respondent).

Richard J. Thomas , Bryon G. Ascheman , Corinne Ivanca , Burke & Thomas, PLLP, Arden Hills, MN (for amicus curiae Minnesota Defense Lawyers Association).

Wilbur W. Fluegel , Fluegel Law Office, Minneapolis, MN (for amicus curiae Minnesota Association of Justice).

Considered and decided by WORKE, Presiding Judge; KALITOWSKI, Judge; and SCHELLHAS, Judge.

OPINION

KALITOWSKI, Judge.

This is the second time this negligence dispute has been before this court. Here, we are presented with the question of how to apply the reallocation provision of Minn. Stat. § 604.02 (2012). Appellant Diocese of St. Cloud (the diocese) challenges the district court's order reallocating the portion of a jury verdict attributing fault to Richard Staab, who was not a party to the litigation. Respondent Alice Staab challenges...

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