Bergemann v. Mutual Service Insurance Co.

YETKA, Justice.

Appeal by third party plaintiffs (hereafter appellants) from an order of the Fillmore County District Court denying a motion for judgment notwithstanding the verdict, amended findings, or a new trial. A jury found that the third party defendant (hereafter respondent) was negligent, but that the negligence did not cause a fatal intersection collision. The jury found that appellants’ driver was not negligent; it was instructed not to consider the possible negligence of the other driver, the original plaintiff in the action. 1 We reverse and remand for a new trial.

On October 16,…