Price v. Amdal

MacLAUGHLIN, Justice.

This is an appeal by the trustee for the heirs of the deceased driver of an automobile from an order of the district court denying consolidation of three cases arising from a two-car collision.1 The surviving driver had argued that the cases be tried separately and in the sequence in which they had been filed unless the trustee would agree to waive her right to the mandatory jury instruction concerning the presumption of the decedent’s exercise of due care pursuant to Minn.St. 602.04.2

*463The three cases arose from the following undisputed facts. On March 6, 1973, a car owned…