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PALMER v. HALUPLZOK

No. 3-68-Civ.-123.

294 F.Supp. 489 (1969)

Charles PALMER, as Trustee for the Heirs of Vianne Palmer, Decedent, Plaintiff, v. Claudia J. HALUPLZOK, Defendant.

United States District Court D. Minnesota, Third Division.

January 10, 1969.

Attorney(s) appearing for the Case

Samuel H. Hertogs, McMenomy, Hertogs & Fluegel, Hastings, Minn., for plaintiff.

Thomas W. Newcome, Newcome, Wallace & Newcome, St. Paul, Minn., for defendant.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

The question posed by this post-trial motion in a diversity case is whether a $20,000 verdict for the wrongful death of a two-and-one-half-year-old female child is excessive under Minnesota's Lord Campbell's Act, M.S.A. § 573.02, which limits recovery to $35,000. I think so.

On December 6, 1968, plaintiff as trustee for the heirs of his two-and-one-half-year-old daughter, Vianne, received a jury award...

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