Minn. Stat. § 488A.17

Minnesota Statutes

Source: 2025 Minnesota Statutes. For the official text, see revisor.mn.gov.

Citing Cases (6)

Minnesota Court of Appeals

Nicollet Restoration, Inc. v. Turnham · 1991 1 citation

+ 1 more citation in this opinion.

Herzig v. Larson-Sawchak · 1991 1 citation

OPINION NORTON, Judge. The trial court concluded that Joseph Herzig (Herzig) was entitled to recover damages for the lost use of his leased taxicab. Gloria Larson-Sawchak and John Sawchak (Sawchaks) appeal, challenging Herzig’s entitlement to damages. We reverse. FACTS Herzig entered into a lease agreement with East Lake Auto on February 10, 1987. Under the agreement, Herzig was to pay East Lake Auto $45 a shift for the use of a taxicab. Herzig’s shift was from 4:00 a.m. to 4:00 p.m. On May 6, 1988, while Herzig was driving the taxicab, he was involved in an accident with the Sawchaks. The Sawc-haks stipulated that the accident was caused by their negligence. As a result, the Sawchaks paid East Lake Auto for the *755damage to the cab and for ten days of business interruption. Herzig was unable to work for six days while the cab was being repaired because a replacement cab was not available. Herzig filed an action against the Sawchaks seeking compensation for the six days he was unable to work. Daniel J. Ehrman, a claim investigator, testified as to the amount Herzig would have made per day. According to Ehrman, Herzig made approximately $200 per day from fares. This amount was reduced by the $15 Herzig had to pay for gas and the $45 he had to pay to lease the cab. Therefore, Herzig was left with a profit of $140. Herzig testified that, in addition to the $140, he received $20 a day for tips. Thus, Herzig sued the Sawchaks for $960 ($160 x 6). The conciliation court referee ruled in favor of the Sawchaks. Then, Herzig had the case removed to the trial court. See Minn. Stat. § 488A.17 (1990). After hearing the evidence, the trial court concluded that Herzig was entitled to recover $960 and entered judgment accordingly. The Sawchaks appeal from the trial court’s decision. ISSUE Did the trial court err in finding that Herzig was entitled to recover for loss of use of the leased taxicab? ANALYSIS