NORWEST BANK MINNESOTA v. STATE FARM

No. C4-97-2293.

580 N.W.2d 499 (1998)

NORWEST BANK MINNESOTA, N.A., as personal representative of the Estates of Lisle Vickerman and Jean M. Vickerman, and Jessa Vickerman, Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

Review Granted July 30, 1998.


Attorney(s) appearing for the Case

Ronald L. Snelling, Snelling, Christensen & Laue, P.A., Minneapolis, for respondents.

William M. Hart, Richard L. Pemberton, Jr., and R. Gregory Stephens, Meagher & Geer, Minneapolis, for appellant.

Considered and decided by PETERSON, P.J., and SHUMAKER, J., and FOLEY, J.


OPINION

SHUMAKER, Judge.

The district court granted summary judgment in favor of respondents, ruling as a matter of law that decedents' carbon monoxide deaths arose out of the maintenance or use of a motor vehicle under the Minnesota no-fault automobile insurance act. We reverse.

FACTS

Upon returning home from dinner on April 16, 1996, Lisle and Jean Vickerman parked their car in their attached garage and went inside the house. Lisle went...

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