Sauter v. Wasemiller

AMDAHL, Chief Justice.

In the exercise of our supervisory powers, we granted the petition of Rhonda Sauter for further review to reconsider the issue of whether a party’s failure to move for a new trial pursuant to Minn.R.Civ.P. 59.01 precludes appellate review of individual errors allegedly occurring at trial.

The underlying action was commenced against a physician and hospital for alleged negligence resulting in neurological damage to a baby during delivery. The jury returned a special verdict finding no negligence on the part of either defendant. The plaintiff, without moving for a new…