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KELLY v. ELLEFSON

No. A04-615.

712 N.W.2d 759 (2006)

Kevin KELLY, as Trustee for the heirs and next-of-kin of Kelly Ann Kelly, et al., Appellants, v. Jason ELLEFSON, Respondent, Steven Eidemiller, Defendant, Supreme Transport Services, L.L.C., et al., Respondents, and Lido's Italian Market Café & Bar, Defendant.

Supreme Court of Minnesota.

April 27, 2006.

Attorney(s) appearing for the Case

Patrick J. Sauter, Stephen P. Watters, Paula D. Vraa, Brian H. Sanda, Rider Bennett, LLP, Minneapolis, MN, for Appellant.

Emilio R. Giuliani, Nicholas L. Klehr, Labore, Giuliani, Cosgriff & Viltoft, Ltd., Hopkins, MN, for Respondent Ellefson.

Katherine L. MacKinnon, St. Louis Park, MN, James F. Roegge, Katherine A. McBride, Meagher & Geer, PLLP, Minneapolis, MN, for Respondents Supreme Trans., et al.

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

OPINION

ANDERSON, PAUL H., Justice.

Appellant Kevin Kelly appeals a decision by the Minnesota Court of Appeals that his amended complaint, answers to interrogatories, and expert's affidavit were admissible as admissions of a party-opponent in his suit for the wrongful death of his wife. Kevin Kelly's wife, Kelly Ann Kelly, died in a collision between a semi-tractor trailer operated by a driver for Supreme Transport Services, L.L.C. and a pickup truck driven...

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