Lundebrek v. Chamberlain Oil Co.

OPINION

LESLIE, Judge.

This appeal is from a judgment in favor of the respondents and an order denying the appellant’s motion for a new trial or a hearing on the issue of allegedly improper jury instructions. We reverse and remand for a new trial.

FACTS

The appellant commenced this action in April 1982, claiming that respondent Chamberlain Oil Company had negligently caused an oil spill in his yard, which in turn had caused damage to his property and had aggravated a preexisting asthma condition. Chamberlain sued respondent ServiceMas-ter of Willmar, Inc. for contribution.

Trial began on April 17,…