Gertken v. Farmers Elevator of Kensington, Minnesota, Inc.

*557POPOVICH, Chief Judge

(concurring in part and dissenting in part).

I respectfully concur in part and dissent in part because:

1. I agree with Judge Leslie that Minn. Stat. § 169.09, subd. 3 (1986) creates a duty to provide reasonable assistance, a violation of which is prima facie evidence of negligence. Minn.Stat. § 169.96 (1986). The trial court erred in excluding evidence of post-collision negligence. The plaintiffs complaint was broadly pleaded and needed no additional specificity. Even if it did, the trial court erred in prohibiting amendment of the complaint.

2. I disagree with the majority finding that as a matter of law Lintel’s inaction was not the cause of Gertken’s death. All evidence was not received. It should have been submitted as a jury question.

3. I agree with Judge Leslie that the Good Samaritan Law, Minn.Stat. § 604.05 (1986), and Minn.Stat. § 169.09, subd. 3 are compatible and can be so interpreted.

4. I concur with the majority that Hol-thaus’ negligence was for the jury to decide. There was sufficient evidence to support the finding of no negligence. Siegler v. Connor, 396 N.W.2d 612 (Minn.Ct.App.1986).