Lupkes v. Lupkes

Defendant appeals from judgments entered pursuant to jury verdicts in favor of plaintiffs. Plaintiff Bonnie Lupkes, a minor, was injured by a cat owned and kept by defendant. The sole issue presented is whether the evidence taken as a whole and viewed in a light most favorable to plaintiffs sustains the jury verdicts.

The trial court, following the standards of Clark v. Brings, 284 Minn. 73, 169 N. W. 2d 407 (1969), and Judd v. Zupon, 297 Minn. 38, 209 N. W. 2d 423 (1973), correctly instructed the jury that plaintiffs could not recover unless the evidence established by a fair preponderance…