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SCHWEICH v. ZIEGLER, INC.

Nos. CX-89-2124, CX-90-430.

463 N.W.2d 722 (1990)

Lawrence SCHWEICH, et al., Appellants, and Minnesota Assigned Risk Plan, through Employee Benefit Administration, Intervenor, Respondent, v. ZIEGLER, INC., Defendant and Third-Party Plaintiff, Appellant, Gibbs-Cook Equipment Co., Caterpillar, Inc., Defendants and Third-Party Plaintiffs, Respondents, v. LAWRENCE SCHWEICH HOME BUILDERS, INC., Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

Rehearing Denied February 15, 1991.

Attorney(s) appearing for the Case

Eric J. Magnuson, Amy K. Adams, Rider, Bennett, Egan & Arundel, Jay T. Hartman, Kevin L. Stephenson, Gilmore, Aafedt, Forde, Anderson & Gray, P.A., Minneapolis, for appellants.

Harry A. Sieben, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Paul C. Peterson, Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, Wayne D. Tritbough, Chadwick, Johnson & Condon, P.A., Edina, G. Alan Cunningham, Linda S. Svitak, Faegre & Benson, Minneapolis, for respondents.

Heard, considered, and decided by the court en banc.

POPOVICH, Chief Justice.

This case rises from an action for damages for injuries suffered by plaintiffs Lawrence and Bonita Schweich after Lawrence Schweich fell while attempting to mount a D6H Caterpillar tractor. Seeking compensatory and loss of consortium damages, Schweichs commenced a products liability action in Scott County District Court against the sellers, defendant/appellant Ziegler, Inc. (Ziegler) and defendant Gibbs-Cook, Inc. (Gibbs-Cook), and the manufacturer...

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