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Hillman v. Wallin
Minnesota Supreme Court
215 N.W.2d 810 (1974)
LaDon Ellingson and Ronald Kleven (defendants) were students engaging in horseplay with a plastic hose on a school bus. The hose struck the eye of Douglas Hillman (plaintiff), a minor student. The bus driver, Lyle Wallin (defendant), was able to observe the horseplay from a mirror but did not stop it because he was more focused on traffic. Hillman filed suit against Ellingson, Kleven, and Wallin. Wallin crossclaimed against Ellingson and Kleven, seeking indemnity, but the trial court made no ruling on the crossclaim. The jury assessed Wallin’s negligence at 76 percent and Ellingson and Kleven’s negligence at 12 percent each. Wallin moved for a new trial, which was denied. Wallin appealed. The Minnesota Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Kelly, J.)
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