Legal Opinion
McKenzie v. Northern States Power Co.
Court of Appeals of Minnesota
Decided May 23, 1989No. C7-89-752PublishedCited by 13 opinions
1Opinion of the Court
SPECIAL TERM OPINION
WOZNIAK, Chief Judge.
FACTS
A wrongful death action was brought after Peter F. McKenzie was electrocuted. Plaintiff sought leave to amend, to add a claim for punitive damages. Plaintiff now seeks discretionary review of the trial court’s denial of that motion.
DECISION
The Tort Reform Act of 1986 prohibited inclusion of a claim for punitive damages in plaintiffs complaint. See Minn.Stat. § 549.191 (1988). “After filing the suit a party may make a motion to amend the pleadings to claim punitive damages.” Id. In support of a motion to amend, the party must allege a legal basis…
2Cases cited6 opinions
- Utecht v. Shopko Department StoreSupreme Court of Minnesota · 1982
- Fournier v. Marigold Foods, Inc.District Court, D. Minnesota · 1988
- Wikert v. Northern Sand and Gravel, Inc.Court of Appeals of Minnesota · 1987
- Metag v. K-Mart Corp.Court of Appeals of Minnesota · 1986
- Herbst v. Northern States Power Co.Court of Appeals of Minnesota · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ulrich v. City of CrosbyDistrict Court, D. Minnesota · 1994
- Berczyk v. Emerson Tool Co.District Court, D. Minnesota · 2003
- Swanlund v. Shimano Indus. Corp., Ltd.Court of Appeals of Minnesota · 1990
- Healey v. I-Flow, LLCDistrict Court, D. Minnesota · 2012
- Olson v. Snap Products, Inc.District Court, D. Minnesota · 1998
8 more not listed; retrieve them via the Exa API.