Legal Opinion · Concurrence

Moose Club v. LaBounty

Court of Appeals of Minnesota

Decided June 27, 1989No. CX-88-2629Published

1ConcurrenceFoley, Judge

I concur in the result that an action for contribution lies in this case. However, it is my view that there are issues about contribution that must be considered in order to finally resolve this case and settle the law.

In Coughlin v. LaBounty, 354 N.W.2d 48 (Minn.Ct.App.1984), pet. for rev. denied (Minn. Jan. 9, 1985), this court sustained the trial court’s decision that recovery be denied because tort thresholds of the act were not met. In that case, under the special verdict submitted to the jury, a damage award was returned by the jury but because the tort thresholds on either permanency…

2Cases cited9 opinions

  1. Miller v. ShugartSupreme Court of Minnesota · 1982
  2. Lambertson v. Cincinnati Corp.Supreme Court of Minnesota · 1977
  3. Peterson v. Little-Giant Glencoe Portable Elevator Division of Dynamics Corp. of AmericaSupreme Court of Minnesota · 1985
  4. Howe v. NelsonSupreme Court of Minnesota · 1965
  5. Economy Fire & Casualty Co. v. IversonCourt of Appeals of Minnesota · 1988

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