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Dakota County Judge Rules That Mother May Go Forward With Breach Of Contract Action Under Wrongful Death Statute

Press Release
June 2008

A Dakota County Court Judge has held that that the surviving mother of a 16 year old girl could go to trial on a breach of contract claim under Minnesota’s Wrongful Death Statute. In a June 10, 2008, Order the Court found that the deceased teenager was a third-party beneficiary to a contract between two private contractors. The teenager died when a concrete barrier failed resulting in a violent collision. Contractual language required the at fault contractor to place proper barriers between opposite lanes of traffic. The contract further provides that the at fault contractor would be “directly responsible for damages” to persons injured by the at fault contractor’s breach of contract. Because the deceased teenager possessed a breach of contract claim against the at fault contractor, her mother (as trustee for the teen’s next-of-kin) could go forward. Firm attorneys, Jim Schwebel and Richard Nygaard, are honored to try this case on behalf of the family. It is scheduled for trial this summer.

Casey, et al v. Klecker, et al, No. 19-C1-07-9729 (Minn. 1st Jud. Dist. 6/10/08)