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JANSSEN v. NEAL

No. 44477.

223 N.W.2d 804 (1974)

Harvey A. JANSSEN, as Trustee for the Heirs and Next of Kin of Gary Lee Janssen, Deceased, and Harvey A. Janssen, Individually, Appellant, v. Clarence E. NEAL, Respondent.

Supreme Court of Minnesota.

November 22, 1974.

Attorney(s) appearing for the Case

Prindle, Maland & Ward and W. D. Prindle, Montevideo, for appellant.

Winter, Lundquist, Sherwood & Athens, Bruce E. Sherwood, and Marvin E. Lundquist, Wheaton, for respondent.

Heard before PETERSON, KELLY, and YETKA, JJ., and considered and decided by the court en banc.

KELLY, Justice.

This is a wrongful death action to recover damages sustained by the heirs and next of kin of decedent Gary Janssen as a result of his death in a collision between his motorcycle and the rear of defendant's pickup truck. The jury returned a special verdict finding plaintiff's decedent and defendant each 50-percent causally negligent. Plaintiff's motion for a new trial was denied and he appealed from the judgment dismissing his cause of action. Reversed...

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