Legal Opinion

Swelbar v. Lahti

Court of Appeals of Minnesota

Decided July 16, 1991No. C6-91-46PublishedCited by 9 opinions

1Opinion of the Court

OPINION

CRIPPEN, Judge.

Appellant, pursuing a wrongful death action arising from a car accident, contends the trial court erred in refusing to strike affirmative defenses alleging that the decedent child had not been in a child passenger restraint system as required by Minn.Stat. § 169.685, subd. 5(b) (1988). Appellant argues these defenses are barred by Minn.Stat. § 169.685, subd. 4 (1988). We agree and reverse.

FACTS

In March 1990, a car driven by respondent Troy Allan Lahti and owned by respondent Richard Allen Lahti collided with a car driven by Paula Jean Brigán. Lahti had failed to stop at…

2Cases cited4 opinions

  1. Tuma v. Commissioner of Economic SecuritySupreme Court of Minnesota · 1986
  2. Hickman v. Group Health Plan, Inc.Supreme Court of Minnesota · 1986
  3. Ryan v. ITT Life Insurance Corp.Supreme Court of Minnesota · 1990
  4. Theorin v. Ditec Corp.Supreme Court of Minnesota · 1985

3Cited by9 opinions

  1. Olson v. Ford Motor Co.Supreme Court of Minnesota · 1997
  2. Comer v. Preferred Risk Mutual Ins. Co.Supreme Court of Oklahoma · 1999
  3. Anker v. LittleCourt of Appeals of Minnesota · 1995
  4. In Re IrwinCourt of Appeals of Minnesota · 1995
  5. Comer v. Preferred Risk Mutual Ins. Co.Supreme Court of Oklahoma · 1999

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