OMLID v. LEE

No. C4-86-337.

391 N.W.2d 62 (1986)

Timothy OMLID, Respondent, v. Kent LEE, et al., defendants and third party plaintiffs, Appellants, v. Anthony SIPE, Special Administrator of the Estate of Sheila Fay Fisher, deceased, Third Party Defendant.

Court of Appeals of Minnesota.

July 29, 1986.


Attorney(s) appearing for the Case

Donald R. Becker, Fargo, N.D., for respondent.

Steven J. Cahill, Cahill, Jeffries & Maring, Moorhead, for appellants.

Heard, considered and decided by CRIPPEN, P.J., and LESLIE and NIERENGARTEN, JJ.


OPINION

LESLIE, Judge.

Defendant appeals claiming the jury's verdict was excessive, respondent's counsel made improper argument, and that surprise testimony mandates a new trial. We affirm.

FACTS

On December 14, 1980, respondent Timothy Omlid, then age 18, spent the evening drinking at a bar with some friends. He left the bar late that night with his friend, appellant Kent Lee, who agreed to drive Omlid home. At about 3:00 a.m., Sheila...

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