1998 Minnesota Statutes

CHAPTER 604. Actions involving fault

     604.01 Comparative fault; effect. 

    Subdivision 1.    Scope of application.  Contributory 
 fault does not bar recovery in an action by any person or the 
 person's legal representative to recover damages for fault 
 resulting in death, in injury to person or property, or in 
 economic loss, if the contributory fault was not greater than 
 the fault of the person against whom recovery is sought, but any 
 damages allowed must be diminished in proportion to the amount 
 of fault attributable to the person recovering.  The court may, 
 and when requested by any party shall, direct the jury to find 
 separate special verdicts determining the amount of damages and 
 the percentage of fault attributable to each party and the court 
 shall then reduce the amount of damages in proportion to the 
 amount of fault attributable to the person recovering. 

    Subd. 1a.    Fault.  "Fault" includes acts or omissions 
 that are in any measure negligent or reckless toward the person 
 or property of the actor or others, or that subject a person to 
 strict tort liability.  The term also includes breach of 
 warranty, unreasonable assumption of risk not constituting an 
 express consent or primary assumption of risk, misuse of a 
 product and unreasonable failure to avoid an injury or to 
 mitigate damages, and the defense of complicity under section 
 340A.801.  Legal requirements of causal relation apply both to 
 fault as the basis for liability and to contributory fault.  The 
 doctrine of last clear chance is abolished. 

    Evidence of unreasonable failure to avoid aggravating an 
 injury or to mitigate damages may be considered only in 
 determining the damages to which the claimant is entitled.  It 
 may not be considered in determining the cause of an accident. 

    Subd. 2.    Personal injury or death; settlement or 
 payment.  Settlement with or any payment made to an injured 
 person or to others on behalf of such injured person with the 
 permission of such injured person or to anyone entitled to 
 recover damages on account of injury or death of such person 
 shall not constitute an admission of liability by the person 
 making the payment or on whose behalf payment was made. 

    Subd. 3.    Property damage or economic loss; settlement 
 or payment.  Settlement with or any payment made to a person 
 or on the person's behalf to others for damage to or destruction 
 of property or for economic loss does not constitute an 
 admission of liability by the person making the payment or on 
 whose behalf the payment was made. 

    Subd. 4.    Settlement or payment; admissibility of 
 evidence.  Except in an action in which settlement and 
 release has been pleaded as a defense, any settlement or payment 
 referred to in subdivisions 2 and 3 shall be inadmissible in 
 evidence on the trial of any legal action. 

    Subd. 5.    Credit for settlements and payments; refund.  
  All settlements and payments made under subdivisions 2 and 3 
 shall be credited against any final settlement or judgment; 
 provided however that in the event that judgment is entered 
 against the person seeking recovery or if a verdict is rendered 
 for an amount less than the total of any such advance payments 
 in favor of the recipient thereof, such person shall not be 
 required to refund any portion of such advance payments 
 voluntarily made.  Upon motion to the court in the absence of a 
 jury and upon proper proof thereof, prior to entry of judgment 
 on a verdict, the court shall first apply the provisions of 
 subdivision 1 and then shall reduce the amount of the damages so 
 determined by the amount of the payments previously made to or 
 on behalf of the person entitled to such damages. 

    HIST: 1969 c 624 s 1; 1978 c 738 s 6,7; 1986 c 444; 1990 c 555 
 s 19-21 

     604.02 Apportionment of damages. 

    Subdivision 1.  When two or more persons are jointly 
 liable, contributions to awards shall be in proportion to the 
 percentage of fault attributable to each, except that each is 
 jointly and severally liable for the whole award.  Except in 
 cases where liability arises under chapters 18B - pesticide 
 control, 115 - water pollution control, 115A - waste management, 
 115B - environmental response and liability, 115C - leaking 
 underground storage tanks, and 299J - pipeline safety, public 
 nuisance law for damage to the environment or the public health, 
 any other environmental or public health law, or any 
 environmental or public health ordinance or program of a 
 municipality as defined in section 466.01, a person whose fault 
 is 15 percent or less is liable for a percentage of the whole 
 award no greater than four times the percentage of fault, 
 including any amount reallocated to that person under 
 subdivision 2. 

    If the state or a municipality as defined in section 466.01 
 is jointly liable, and its fault is less than 35 percent, it is 
 jointly and severally liable for a percentage of the whole award 
 no greater than twice the amount of fault, including any amount 
 reallocated to the state or municipality under subdivision 2. 

    Subd. 2.  Upon motion made not later than one year after 
 judgment is entered, the court shall determine whether all or 
 part of a party's equitable share of the obligation is 
 uncollectible from that party and shall reallocate any 
 uncollectible amount among the other parties, including a 
 claimant at fault, according to their respective percentages of 
 fault.  A party whose liability is reallocated is nonetheless 
 subject to contribution and to any continuing liability to the 
 claimant on the judgment. 

    Subd. 3.  In the case of a claim arising from the 
 manufacture, sale, use or consumption of a product, an amount 
 uncollectible from any person in the chain of manufacture and 
 distribution shall be reallocated among all other persons in the 
 chain of manufacture and distribution but not among the claimant 
 or others at fault who are not in the chain of manufacture or 
 distribution of the product.  Provided, however, that a person 
 whose fault is less than that of a claimant is liable to the 
 claimant only for that portion of the judgment which represents 
 the percentage of fault attributable to the person whose fault 
 is less. 

    HIST: 1978 c 738 s 8; 1986 c 444; 1986 c 455 s 85; 1988 c 503 
 s 3; 1989 c 209 art 1 s 44 

     604.03 Useful life of product. 

    Subdivision 1.  In any action for the recovery of damages 
 for personal injury, death or property damage arising out of the 
 manufacture, sale, use or consumption of a product, it is a 
 defense to a claim against a designer, manufacturer, distributor 
 or seller of the product or a part thereof, that the injury was 
 sustained following the expiration of the ordinary useful life 
 of the product. 

    Subd. 2.  The useful life of a product is not necessarily 
 the life inherent in the product, but is the period during which 
 with reasonable safety the product should be useful to the 
 user.  This period shall be determined by reference to the 
 experience of users of similar products, taking into account 
 present conditions and past developments, including but not 
 limited to (1) wear and tear or deterioration from natural 
 causes, (2) the progress of the art, economic changes, 
 inventions and developments within the industry, (3) the 
 climatic and other local conditions peculiar to the user, (4) 
 the policy of the user and similar users as to repairs, renewals 
 and replacements, (5) the useful life as stated by the designer, 
 manufacturer, distributor, or seller of the product in brochures 
 or pamphlets furnished with the product or in a notice attached 
 to the product, and (6) any modification of the product by the 
 user. 

    HIST: 1978 c 738 s 9 

     604.04 Notice of possible claim required. 

    Subdivision 1.  The attorney for a person who intends to 
 claim damage for or on account of personal injury, death or 
 property damage arising out of the manufacture, sale, use or 
 consumption of a product shall cause to be presented a notice of 
 possible claim stating the time, place and circumstances of 
 events giving rise to the claim and an estimate of compensation 
 or other relief to be sought.  This notice shall be given within 
 six months of the date of entering into an attorney-client 
 relation with the claimant in regard to the claim.  Notice shall 
 be given to all persons against whom the claim is likely to be 
 made.  Any person in the chain of manufacture and distribution 
 shall promptly furnish to the claimant's attorney the names and 
 addresses of all persons the person knows to be in the chain of 
 manufacture and distribution if requested to do so by the 
 attorney at the time the notice is given.  Failure to furnish 
 this information shall subject the person to the liability 
 provided for in subdivision 3. 

    Actual notice of sufficient facts to reasonably put a 
 person against whom the claim is to be made or the person's 
 insurer on notice of a possible claim satisfies the notice 
 requirements of this section.  Failure to state an estimate of 
 the amount of compensation or other relief demanded does not 
 invalidate the notice, but the claimant shall furnish full 
 information regarding the nature and extent of the injuries and 
 damages within 15 days after demand by a person to whom the 
 notice was given or by the person's insurer. 

    Subd. 2.  A claimant who delays entering into an 
 attorney-client relation with the purpose of delaying 
 unreasonably the notice required by subdivision 1 is subject to 
 liability as provided in subdivision 3. 

    Subd. 3.  Any person injured by the failure of a claimant 
 or the claimant's attorney or of a person in the chain of 
 manufacture and distribution to comply with the requirements of 
 this section may recover damages, costs and reasonable attorney 
 fees from a person who violated this section, but failure to 
 give notice does not affect the validity of a claim against a 
 party who did not receive notice. 

    HIST: 1978 c 738 s 10; 1986 c 444 

  604.05 Repealed, 1994 c 623 art 5 s 3 

     604.06 Fireman's rule. 

    The common law doctrine known as the fireman's rule shall 
 not operate to deny any peace officer, as defined in section 
 626.84, subdivision 1, clause (c), or public safety officer, as 
 defined in section 299A.41, subdivision 4, a recovery in any 
 action at law or authorized by statute. 

    HIST: 1982 c 601 s 3; 1983 c 159 s 1; 1987 c 384 art 1 s 45; 
 1991 c 199 art 2 s 28 

  604.07 Repealed, 1988 c 503 s 5 

  604.08 Repealed, 1994 c 623 art 5 s 3 

  604.09 Repealed, 1994 c 623 art 5 s 3 

     604.10 Economic loss arising from the sale of goods. 

    (a) Economic loss that arises from a sale of goods that is 
 due to damage to tangible property other than the goods sold may 
 be recovered in tort as well as in contract, but economic loss 
 that arises from a sale of goods between parties who are each 
 merchants in goods of the kind is not recoverable in tort. 

    (b) Economic loss that arises from a sale of goods, between 
 merchants, that is not due to damage to tangible property other 
 than the goods sold may not be recovered in tort. 

    (c) The economic loss recoverable in tort under this 
 section does not include economic loss due to damage to the 
 goods themselves. 

    (d) The economic loss recoverable in tort under this 
 section does not include economic loss incurred by a 
 manufacturer of goods arising from damage to the manufactured 
 goods and caused by a component of the goods. 

    (e) This section shall not be interpreted to bar tort 
 causes of action based upon fraud or fraudulent or intentional 
 misrepresentation or limit remedies for those actions. 

    HIST: 1991 c 352 s 2; 1993 c 91 s 1; 1Sp1998 c 2 s 1 

     604.11 Medical malpractice cases. 

    Subdivision 1.    Discovery.  Pursuant to the time 
 limitations set forth in the Minnesota rules of civil procedure, 
 the parties to any medical malpractice action may exchange the 
 uniform interrogatories in subdivision 3 and ten additional 
 nonuniform interrogatories.  Any subparagraph of a nonuniform 
 interrogatory will be treated as one nonuniform interrogatory.  
 By stipulation of the parties, or by leave of the court upon a 
 showing of good cause, more than ten additional nonuniform 
 interrogatories may be propounded by a party.  In addition, the 
 parties may submit a request for production of documents 
 pursuant to rule 34 of the Minnesota rules of civil procedure. 

    Subd. 2.    Alternative dispute resolution.  At the time 
 a trial judge orders a case for trial, the court shall require 
 the parties to discuss and determine whether a form of 
 alternative dispute resolution would be appropriate or likely to 
 resolve some or all of the issues in the case.  Alternative 
 dispute resolution may include arbitration, mediation, summary 
 jury trial, or other alternatives suggested by the court or 
 parties, and may be either binding or nonbinding.  All parties 
 must agree unanimously before alternative dispute resolution 
 proceeds. 

    Subd. 3.    Uniform interrogatories.  (a) Uniform 
 plaintiff's interrogatories to the defendant are as follows: 

             PLAINTIFF'S INTERROGATORIES TO DEFENDANT 

 INTERROGATORY NO. 1: 

    Please attach a complete curriculum vitae for Dr. 
 (..........), M.D., which should include, but is not limited to, 
 the following information: 

    a.  Name; 

    b.  Office address; 

    c.  Name of practice; 

    d.  Identities of partners or associates, including their 
 names, specialties, and how long they have been associated with 
 Dr. (..........); 

    e.  Specialty of Dr. (.........); 

    f.  Age; 

    g.  The names and dates of attendance at any medical 
 schools; 

    h.  Full information as to internship or residency, 
 including the place and dates of the internship or residency as 
 well as any specialized fields of practice engaged in during 
 such internship or residency; 

    i.  The complete history of the practice of Dr. 
 (..........) from and after medical school, setting forth the 
 places where Dr. (..........) practiced medicine, the persons 
 with whom Dr. (..........) was associated, the dates of the 
 practice, and the reasons for leaving the practice; 

    j.  Full information as to any board certifications Dr. 
 (..........) may hold, including the field of specialty and the 
 dates of the certifications and any recertifications; 

    k.  Identifying the medical societies and organizations to 
 which Dr. (..........) belongs, giving full information as to 
 any offices held in the organizations; 

    l.  Identifying all professional journal articles, 
 treatises, textbooks, abstracts, speeches, or presentations 
 which Dr. (..........) has authored or contributed to; and 

    m.  Any other information which describes or explains the 
 training and experience of Dr. (..........) for the practice of 
 medicine.  

 INTERROGATORY NO. 2:  

    Has Dr. (..........) been the subject of any professional 
 disciplinary actions of any kind and, if so:  

    State whether Dr. (..........'s) license to practice 
 medicine has ever been revoked or publicly limited in any way 
 and, if so, give the date and the reasons for such revocation or 
 restriction. 

 INTERROGATORY NO. 3:  

    Please set forth a listing by author, title, publisher, and 
 date of publication of all the medical texts referred to by Dr. 
 (..........) with respect to the practice of medicine during the 
 past five years.  

 INTERROGATORY NO. 4:  

    Please set forth a complete listing of the medical and 
 professional journals to which Dr. (..........) subscribes or 
 has subscribed within the past five years.  

 INTERROGATORY NO. 5:  

    As to each expert whom you expect to call as a witness at 
 trial, please state:  

    a.  The expert's name, address, occupation, and title; 

    b.  The expert's field of expertise, including 
 subspecialties, if any; 

    c.  The expert's education background; 

    d.  The expert's work experience in the field of expertise; 

    e.  All professional societies and associations of which 
 the expert is a member; 

    f.  All hospitals at which the expert has staff privileges 
 of any kind; 

    g.  All written publications of which the expert is the 
 author, giving the title of the publication and when and where 
 it was published.  

 INTERROGATORY NO. 6:  

    With respect to each person identified in answer to the 
 foregoing interrogatory, state:  

    a.  The subject matter on which the person is expected to 
 testify; 

    b.  The substance of the facts and opinions to which the 
 person is expected to testify; and 

    c.  A summary of the grounds for each opinion, including 
 the specific factual data upon which the opinion will be based.  

 INTERROGATORY NO. 7:  

    Please state whether there is any policy of insurance that 
 will provide coverage to the defendant should liability attach 
 on the basis of the allegations contained in the plaintiff's 
 Complaint.  If so, state with regard to each policy applicable:  

    a.  The name and address of the insurer; 

    b.  The exact limits of coverage applicable; 

    c.  Whether any reservation of rights or controversy or 
 coverage dispute exists between you and the insurance company. 

    Please attach copies of each policy to your Answers.  

 INTERROGATORY NO. 8:  

    State the full name, present address, occupation, age, 
 present employer, and the present employer's address of each 
 physician, nurse, or other medical personnel in the employ of 
 the defendant or defendant's professional association who 
 treated, cared for, examined, or otherwise attended (name) from 
 (date 1), through (date 2).  With regard to every individual, 
 please state:  

    a.  Each date upon which the individual attended (name); 

    b.  The nature of the treatment or care rendered (name) on 
 each date; 

    c.  The qualifications and area of specialty of each 
 individual; and 

    d.  The present address of each individual.  

    In responding to this interrogatory, referring plaintiff's 
 counsel to medical records will not be deemed to be a sufficient 
 answer as plaintiff's counsel has reviewed the medical records 
 and is not able to determine the identity of the individuals.  

 INTERROGATORY NO. 9:  (Hospital defendant only) 

    Please state the name, address, telephone number, and last 
 known employer of the nursing supervisor for the shifts set 
 forth in the preceding interrogatory.  

 INTERROGATORY NO. 10:  

    Please identify by name and current or last known address 
 and telephone number each and every person who has or claims to 
 have knowledge of any facts relevant to the issues in this 
 lawsuit, stating in detail all facts each person has or claims 
 to have knowledge of.  

 INTERROGATORY NO. 11:  

    a.  Have any statements been taken from nonparties or the 
 plaintiff(s) pertaining to this claim?  For purposes of this 
 request, a statement previously made is (1) a written statement 
 signed or otherwise adopted or approved by the person making it, 
 or (2) a stenographic, mechanical, electrical, or other 
 recording, or a transcription thereof, which is a substantial 
 verbatim recital or an oral statement by the person making it 
 and contemporaneously recorded.  With regard to each statement, 
 state:  

    1.  The name and address of each person making a statement; 

    2.  The date on which the statement was made; 

    3.  The name and address of the person or persons taking 
 each statement; and 

    4.  The subject matter of each statement.  

    b.  Attach a copy of each statement to the answers to these 
 interrogatories.  

    c.  If you claim that any information, document, or thing 
 sought or requested is privileged, protected by the work product 
 doctrine, or otherwise not discoverable, please:  

    1.  Identify each document or thing by date, author, 
 subject matter, and recipient; 

    2.  State in detail the legal and factual basis for 
 asserting said privilege, work product protection, or objection, 
 or refusing to provide discovery as requested.  

 INTERROGATORY NO. 12:  

    Do you or anyone acting on your behalf know of any 
 photographs, films, or videotapes depicting   ..........  ?  
 If so, state:  

    a.  The number of photographs or feet of film or videotape; 

    b.  The places, objects, or persons photographed, filmed, 
 or videotaped; 

    c.  The date the photographs, film, or videotapes were 
 taken; 

    d.  The name, address, and telephone number of each person 
 who has the original or copy. 

    Please attach copies of any photographs or videotapes.  

 INTERROGATORY NO. 13:  

    If you claim that injuries to plaintiff complained of in 
 plaintiff's Complaint were contributed to or caused by plaintiff 
 or any other person, including any other physician, hospital, 
 nurse, or other health care provider, please state:  

    a.  The facts upon which you base the claim; 

    b.  The name, current address, and current employer of each 
 person whom you allege was or may have been negligent.  

 INTERROGATORY No. 14:  

    Please state the name or names of the individuals supplying 
 the information contained in your Answers to these 
 Interrogatories.  In addition, please state these individuals' 
 current addresses, places of employment, and their current 
 position at their place of employment.  

 INTERROGATORY NO. 15:  

    Does defendant have knowledge of any conversations or 
 statements made by the plaintiff(s) concerning any subject 
 matter relative to this action?  If so, please state:  

    a.  The name and last known address of each person who 
 claims to have heard such conversations or statements; 

    b.  The date of such conversations or statements; 

    c.  The summary or the substance of each conversation or 
 statement.  

 INTERROGATORY NO. 16:  

    Did the defendant, the defendant's agents, or employees 
 conduct a surveillance of the plaintiff(s)?  If so, state:  

    a.  Name, address, and occupation of the person who 
 conducted each surveillance; 

    b.  Name and address of the person who requested each 
 surveillance to be made; 

    c.  Date or dates on which each surveillance was conducted; 

    d.  Place or places where each surveillance was performed; 

    e.  Information or facts discovered in the surveillance; 

    f.  Name and address of the person now having custody of 
 each written report, photographs, videotapes, or other documents 
 concerning each surveillance.  

 INTERROGATORY NO. 17:  

    Are you aware of any person you may call as a witness at 
 the trial of this action who may have or claims you have any 
 information concerning the medical, mental, or physical 
 condition of the plaintiff(s) prior to the incident in 
 question?  ..........  If so, state:  

    a.  The name and last known address of each person and your 
 means of ascertaining the present whereabouts of each person; 

    b.  The occupation and employer of each person; 

    c.  The subject and substance of the information each 
 person claims to have.  

 INTERROGATORY NO. 18:  

    As to any affirmative defenses you allege, state the 
 factual basis of and describe each affirmative defense, the 
 evidence which will be offered at trial concerning any alleged 
 affirmative defense, including the names of any witnesses who 
 will testify in support thereof, and the descriptions of any 
 exhibits which will be offered to establish each affirmative 
 defense.  

 INTERROGATORY NO. 19:  

    Do you contend that any entries in the answering 
 defendant's medical/hospital records are incorrect or 
 inaccurate?  If so, state:  

    a.  The precise entry(ies) that you think are incorrect or 
 inaccurate; 

    b.  What you contend the correct or accurate entry(ies) 
 should have been; 

    c.  The name, address, and employer of each and every 
 person who has knowledge pertaining to a. and b.; 

    d.  A description, including the author and title of each 
 and every document that you claim supports your answer to a. and 
 b.; 

    e.  The name, address, and telephone number of each and 
 every person you intend to call as a witness in support of your 
 contention. 

    (b) Uniform defendant's interrogatories to the plaintiff 
 for personal injury cases are as follows: 

    DEFENDANT'S INTERROGATORIES TO PLAINTIFF (PERSONAL INJURY)

    1.  State your full name, address, date of birth, marital 
 status, and social security number. 

    2.  If you have been employed at any time in the past ten 
 years, with respect to this period state the names and addresses 
 of each of your employers, describe the nature of your work, and 
 state the approximate dates of each employment. 

    3.  If you have ever been a party to a lawsuit where you 
 claimed damages for injury to your person, state the title of 
 the suit, the court file number, the date of filing, the name 
 and address of any involved insurance carrier, the kind of 
 claim, and the ultimate disposition of the same.  (This is meant 
 to include workers' compensation and social security disability 
 claims.) 

    4.  Identify by name and address each and every physician, 
 surgeon, medical practitioner, or other health care practitioner 
 whom you consulted or who provided advice, treatment, or care 
 for you at any time within the last ten years and, with respect 
 to each contract, consultation, treatment, or advice, describe 
 the same with particularity and indicate the reasons for the 
 same. 

    5.  State the name and address of each and every hospital, 
 treatment facility, or institution in which plaintiff has been 
 confined for any reason at any time, and set forth with 
 particularity the reasons for each confinement and/or treatment 
 and the dates of each. 

    6.  Itemize all special damages which you claim in this 
 case and specify, where appropriate, the basis and reason for 
 your calculation as to each item of special damages. 

    7.  List all payments related to the injury or disability 
 in question that have been made to you, or on your behalf, from 
 "collateral sources" as that term is defined in Minnesota 
 Statutes, section 548.36. 

    8.  List all amounts that have been paid, contributed, or 
 forfeited by, or on behalf of, you or members of your immediate 
 family for the two-year period immediately before the accrual of 
 this action to secure the right to collateral source benefits 
 that have been made to you or on your behalf. 

    9.  Do you contend any of the following: 

    a.  That defendant did not possess that degree of skill and 
 learning which is normally possessed and used by medical 
 professionals in good standing in a similar practice and under 
 like circumstances; 

    b.  That defendant did not exercise that degree of skill 
 and learning which is normally used by medical professionals in 
 good standing in a similar practice and under like circumstances.

    10.  If your answer to any part of the foregoing 
 interrogatory is yes, with respect to each answer: 

    a.  Specify in detail each contention; 

    b.  Specify in detail each act or omission of defendant 
 which you contend was a departure from the degree of skill and 
 learning normally used by medical professionals in a similar 
 practice and under like circumstances; 

    c.  Specify in detail the conduct of defendant as you claim 
 it should have been; 

    d.  Specify in detail each fact known to you and your 
 attorneys upon which you base your answers to interrogatories 9 
 and 10. 

    11.  If you claim defendant failed to disclose to you any 
 risk concerning the involved medical care and treatment which, 
 if disclosed, would have resulted in your refusing to consent to 
 the medical care or treatment, then: 

    a.  State in detail each and every thing defendant did tell 
 you concerning the risks of the involved medical care and 
 treatment, giving the approximate dates thereof and identifying 
 all persons in attendance; 

    b.  Describe each and every risk which you claim defendant 
 should have, but failed to, disclose to you; 

    c.  Describe in detail precisely what you claim defendant 
 should have said to you, but failed to say, concerning the risks 
 of the involved medical care and treatment; 

    d.  Explain in detail all facts and reasons upon which you 
 base the claim that, if the foregoing risks were explained to 
 you, you would not have consented to the involved medical care 
 and treatment. 

    12.  Please identify by name and current or last known 
 address and telephone number each and every person who has or 
 claims to have any knowledge of any facts relevant to the issues 
 in this lawsuit, stating in detail all facts each person has or 
 claims to have knowledge of. 

    13.  As to each expert whom you expect to call as a witness 
 at trial, please state: 

    a.  The expert's name, address, occupation, and title; 

    b.  The expert's field of expertise, including 
 subspecialties, if any; 

    c.  The expert's education background; 

    d.  The expert's work experience in the field of expertise; 

    e.  All professional societies and associations of which 
 the expert is a member; 

    f.  All hospitals at which the expert has staff privileges 
 of any kind; 

    g.  All written publications of which the expert is the 
 author, giving the title of the publication and when and where 
 it was published. 

    14.  With respect to each person identified in answer to 
 the foregoing interrogatory, state: 

    a.  The subject matter on which the expert is expected to 
 testify; 

    b.  The substance of the facts and opinions to which the 
 expert is expected to testify; and 

    c.  A summary of the grounds for each opinion, including 
 the specific factual data upon which the opinion will be based. 

    15.  Have any statements been taken from any defendant or 
 nonparty pertaining to this claim?  For purposes of this 
 request, a statement previously made is:  (1) a written 
 statement signed or otherwise adopted or approved by the person 
 making it, or (2) a stenographic, mechanical, electrical, or 
 other recording, or a transcription thereof, which is a 
 substantial verbatim recital or an oral statement by the person 
 making it and contemporaneously recorded.  With regard to each 
 statement, state: 

    a.  The name and address of each person making a statement; 

    b.  The date on which the statement was made; 

    c.  The name and address of the person or persons taking 
 each statement; and 

    d.  The subject matter of the statement; 

    e.  Attach a copy of each statement to the answers to these 
 interrogatories. 

    f.  If you claim that any information, document, or thing 
 sought or requested is privileged, protected by the work product 
 doctrine, or otherwise not discoverable, please: 

    1.  Identify each document or thing by date, author, 
 subject matter, and recipient; 

    2.  State in detail the legal and factual basis for 
 asserting said privilege, work product protection, or objection, 
 or refusing to provide discovery as requested. 

    (c) Uniform defendant's interrogatories to the plaintiff 
 for wrongful death cases are as follows: 

    DEFENDANT'S INTERROGATORIES TO PLAINTIFF (WRONGFUL DEATH)

    1.  State the full name, age, present occupation, business 
 address, present residence address, and address for a period of 
 ten years prior to the present date for each heir or next of kin 
 (including the Trustee) on whose behalf this action has been 
 commenced. 

    2.  Set forth the date of birth and place of birth of the 
 decedent. 

    3.  Set forth the date of birth and place of birth of the 
 decedent's surviving spouse. 

    4.  Set forth the names, date of birth, and places of birth 
 of any children of decedent. 

    5.  Set forth the names, addresses, and dates of birth of 
 all heirs and next of kin of decedent and set forth the 
 relationship of each individual to decedent. 

    6.  Set forth the date of marriage between decedent and 
 decedent's surviving spouse and the place of the marriage. 

    7.  Set forth whether or not there were any proceedings for 
 a legal separation or divorce instituted between decedent and 
 decedent's surviving spouse and, if so, set forth the dates that 
 the proceedings were instituted, the result of the proceedings, 
 and the court in which the proceedings were instituted. 

    8.  Set forth whether or not decedent was ever married to 
 anyone other than decedent's surviving spouse and if so, set 
 forth the names of any other spouse or spouses and the inclusive 
 dates of any other marriages. 

    9.  Set forth whether or not decedent's surviving spouse 
 has ever been married to anyone other than decedent and, if so, 
 set forth the names of any other spouses and the inclusive dates 
 of any other marriages. 

    10.  If you claim defendant failed to disclose to you any 
 risk concerning the involved medical care and treatment which, 
 if disclosed, would have resulted in the decedent's refusing to 
 consent to the medical care or treatment, then: 

    a.  State in detail each and every thing defendant did tell 
 you concerning the risks of the involved medical care and 
 treatment, giving the approximate dates thereof and identify all 
 persons in attendance; 

    b.  Describe each and every risk which you claim defendants 
 should have, but failed to, disclose to you; 

    c.  Describe in detail precisely what you claim defendant 
 should have said to you, but failed to say, concerning the risks 
 of the involved medical care and treatment; 

    d.  Explain in detail all facts and reasons upon which you 
 base the claim that, if the foregoing risks were explained to 
 you, you would not have consented to the involved medical care 
 and treatment. 

    11.  Was the deceased employed at the time of death? 

    12.  If the answer to Interrogatory No. 10 is yes, indicate 
 the following: 

    a.  The name and address of the deceased's employer and the 
 nature of the employment; 

    b.  The amount of earnings from the employment; 

    c.  Defendant requests copies of the decedent's federal and 
 state income tax return for the past five years. 

    13.  If decedent was self-employed for any period of time 
 during the ten-year period of time immediately preceding 
 decedent's death, set forth the following: 

    a.  The inclusive dates of the self-employment; 

    b.  A specific and detailed description of the nature of 
 the self-employment; 

    c.  The business name and address under which decedent 
 operated; and 

    d.  A specific and detailed description of decedent's 
 earnings from the self-employment. 

    14.  Set forth in detail a chronological education history 
 of decedent including the name and address of each school 
 attended, the inclusive dates of attendance, the date of 
 graduation, a description of any degrees awarded, a description 
 of the major area of study and the grade point average upon 
 graduation. 

    15.  Did the decedent make any contribution of money, 
 property, or other items having a money worth toward the 
 support, maintenance, or well-being of any next of kin and, if 
 so, please itemize the following: 

    a.  The amount and nature of the contribution; 

    b.  The date(s) upon which each contribution was made; 

    c.  The person(s) receiving each contribution; 

    d.  The period of time over which the contributions were 
 made; 

    e.  The regularity or irregularity of the contributions; 

    f.  Identify by date, author, type, recipient, and present 
 custodian each and every document referring to or otherwise 
 evidencing each contribution. 

    16.  Identify by name and address each and every physician, 
 surgeon, medical practitioner, or other health care practitioner 
 whom the decedent consulted or who provided advice, treatment, 
 or care for the decedent at any time within ten years prior to 
 death and, with respect to the contact, consultation, treatment, 
 or advice, describe the same with particularity and indicate the 
 reasons for the same. 

    17.  State the name and address of each and every hospital, 
 treatment facility, or institution in which the decedent has 
 been confined for any reason at any time, and set forth with 
 particularity the reasons for each confinement and/or treatment 
 and the dates of each. 

    18.  Itemize all special damages which you claim in this 
 case and specify, where appropriate, the basis and reason for 
 your calculation as to each item of special damages. 

    19.  List any payment related to the injury or disability 
 in question made to you, or on your behalf, from "collateral 
 sources" as that term is defined in Minnesota Statutes, section 
 548.36. 

    20.  List all amounts that have been paid, contributed or 
 forfeited by, or on behalf of, you or members of your immediate 
 family for the two-year period immediately before the accrual of 
 this action to secure the right to collateral source benefits 
 that have been made to you or on your behalf. 

    21.  Do you contend any of the following: 

    a.  That any of the defendants did not possess that degree 
 of skill and learning which is normally possessed and used by 
 medical professionals in good standing in a similar practice and 
 under like circumstances?  If so, identify the defendants; 

    b.  That any of the defendants did not exercise that degree 
 of skill and learning which is normally used by medical 
 professionals in good standing in a similar practice and under 
 like circumstances?  If so, identify the defendants. 

    22.  If your answer to any part of the foregoing 
 interrogatory is yes, with respect to each answer: 

    a.  Specify in detail your contention; 

    b.  Specify in detail each act or omission of each 
 defendant which you contend was a departure from that degree of 
 skill and learning normally used by medical professionals in a 
 similar practice and under like circumstances. 

    23.  Please identify by name and current or last known 
 address and telephone number of each and every person who has or 
 claims to have any knowledge of any facts relevant to the issues 
 in this lawsuit, stating in detail all facts each person has or 
 claims to have knowledge of. 

    24.  As to each expert whom you expect to call as a witness 
 at trial, please state: 

    a.  The expert's name, address, occupation, and title; 

    b.  The expert's field of expertise, including 
 subspecialties, if any; 

    c.  The expert's education background; 

    d.  The expert's work experience in the field of expertise; 

    e.  All professional societies and associations of which 
 the expert is a member; 

    f.  All hospitals at which the expert has staff privileges 
 of any kind; 

    g.  All written publications of which the expert is the 
 author, giving the title of the publication and when and where 
 it was published. 

    25.  With respect to each person identified in the 
 foregoing interrogatory, state: 

    a.  The subject matter on which the expert is expected to 
 testify; 

    b.  The substance of the facts and opinions to which the 
 expert is expected to testify; and 

    c.  A summary of the grounds for each opinion, including 
 the specific factual data upon which the opinion will be based. 

    26.  Set forth in detail anything said or written by which 
 plaintiff claims to be relevant to any of the issues in this 
 lawsuit, identifying the time and place of each statement, who 
 was present, and what was said by each person who was present. 

    27.  Have any statements been taken from any defendant or 
 nonparty pertaining to this claim?  For purposes of this 
 request, a statement previously made is:  (1) a written 
 statement signed or otherwise adopted or approved by the person 
 making it, or (2) a stenographic, mechanical, electrical, or 
 other recording, or a transcription thereof, which is a 
 substantial verbatim recital or an oral statement by the person 
 making it and contemporaneously recorded.  With regard to each 
 statement, state: 

    a.  The name and address of each person making a statement; 

    b.  The date on which the statement was made; 

    c.  The name and address of the person or persons taking 
 each statement; and 

    d.  The subject matter of each statement; 

    e.  Attach a copy of each statement to the answers to these 
 interrogatories; 

    f.  If you claim that any information, document or thing 
 sought or requested is privileged, protected by the work product 
 doctrine, or otherwise not discoverable, please: 

    1.  Identify each document or thing by date, author, 
 subject matter, and recipient; 

    2.  State in detail the legal and factual basis for 
 asserting said privilege, work product protection, or objection, 
 or refusing to provide discovery as requested. 

    HIST: 1992 c 549 art 8 s 2 

     604.12 Restrictions on denying access to places of 
  public accommodation; civil actions. 

    Subdivision 1.    Definitions.  As used in this section: 

    (1) "place of public accommodation" has the meaning given 
 in section 363.01, subdivision 33, but excludes recreational 
 trails; 

    (2) "criminal gang" has the meaning given in section 
 609.229, subdivision 1; and 

    (3) "obscene" has the meaning given in section 617.241, 
 subdivision 1. 

    Subd. 2.    Prohibition.  (a) A place of public 
 accommodation may not restrict access, admission, or usage to a 
 person solely because the person operates a motorcycle or is 
 wearing clothing that displays the name of an organization or 
 association. 

    (b) This subdivision does not prohibit the restriction of 
 access, admission, or usage to a person because: 

    (1) the person's conduct poses a risk to the health or 
 safety of another or to the property of another; or 

    (2) the clothing worn by the person is obscene or includes 
 the name or symbol of a criminal gang. 

    Subd. 3.    Civil cause of action.  A person injured by 
 a violation of subdivision 2 may bring an action for actual 
 damages, punitive damages under sections 549.191 and 549.20 in 
 an amount not to exceed $500, injunctive relief, and reasonable 
 attorney fees in an amount not to exceed $500. 

    Subd. 4.    Violation not a crime.  Notwithstanding 
 section 645.241, a violation of subdivision 2 is not a crime. 

    HIST: 1998 c 367 art 11 s 18