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eBook details

• Title: Posey v. Fossen
• Author : State of Minnesota in Court of Appeals
• Release Date : January 03, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

This is an appeal by plaintiff, Carolyn Beard, from a judgment entered by the court upon a jury verdict in favor of defendants, Charles Jackson and Transit Casualty Company, hereinafter referred to as Transit. Plaintiff, a passenger in an automobile operated by her husband, Richard Beard, the insured, filed suit against defendant Charles Jackson, allegedly an uninsured motorist, as a result of a collision between the car in which she was riding and the automobile operated by defendant. When defendant Jackson failed to file any responsive pleadings, the trial court granted a default and inquiry hearing. After the hearing on the default and inquiry, but prior to entry of judgment thereon, Transit filed (1) a motion to set aside the default and inquiry, (2) a motion to invervene, and (3) an intervening answer. After plaintiff unsuccessfully sought a writ of prohibition, the trial court sustained Transits motions. The principal issues presented are (1) whether Transit had a right to intervene, (2) is so, whether it was bound by the issues as made up by plaintiff and defendant Jackson, (3) whether the facts as alleged by plaintiff were judicially admitted by defendant Jacksons failure to file an answer, and (4) whether the court erred in giving certain instructions. We find that Transit had the right to intervene, to file an answer that denied allegation of plaintiffs petition, and that no error was committed in the giving of instructions; therefore, we affirm.

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