Forsythe v. City of Thief River Falls

Peterson, Justice.

A new trial was ordered, on motion of plaintiff, because the trial court had not, in compliance with Rule 51, Rules of Civil Procedure,1 unequivocally informed counsel of its intention to *338instruct the jury on superseding cause, an omission which the trial court concluded was prejudicial error. Defendant appeals from that order. We affirm.

Plaintiff, as trustee for the heirs and next of kin of Bonnie Forsythe, decedent, brought a wrongful death action against the city of Thief River Falls for the drowning of Bonnie while swimming at defendant’s municipal beach. The jury found…