Opinion
No. 43192.
December 29, 1972.
Appeal and error — negligence action — review — refusal to reinstate verdict.
Action in the Stearns County District Court for personal injuries sustained by plaintiff in an accident allegedly resulting from the negligence of defendant in the maintenance of its airport. The case was tried before Chester G. Rosengren, Judge, and a jury, which found in a special verdict that both parties were negligent and that the negligence causing the accident was attributable 90 percent to plaintiff and 10 percent to defendant. The court found for defendant and amended the special verdict to provide that the negligence of defendant did not contribute to the accident. Plaintiff appealed from the judgment entered. Affirmed.
Gustafson, Gustafson Austin, Hagglund Johnson, and John T. Chapman, for appellant.
Meagher, Geer, Markham Anderson, Robert M. Frisbee, O. C. Adamson II, and Quinlivan, Williams, Johnson Quinlivan, for respondent.
Heard before Knutson, C. J., and Todd, MacLaughlin, and Murphy, JJ.
Plaintiff appeals from a judgment ordered by the district court determining that he was 100 percent negligent in the accident which was the subject matter of the litigation. The jury had returned a verdict finding him 90 percent negligent. Plaintiff requests that we reinstate the jury verdict.
Such action by this court would not be of any benefit to the plaintiff in the instant case since he would still be denied any recovery under our comparative negligence law. Whether such action would have any precedential value for plaintiff vis-a-vis defendant in other litigation involving passengers in plaintiff's airplane is not a part of the present proceedings before this court. This court does not issue advisory opinions or decide cases merely to make precedents. St. Paul City Ry. Co. v. City of St. Paul, 259 Minn. 129, 106 N.W.2d 452 (1960).
Affirmed.