Category: Minnesota Court Opinions

NATIONAL FARMERS UNION PROPERTY CASUALTY COMPANY, Appellant, v. FUEL RECOVERY COMPANY, INC., Respondent. No. C2-88-972.Minnesota Court of Appeals. December 13, 1988. Review Denied February 10, 1989. Appeal from the District Court of Ramsey County, Otis H. Godfrey, J. Syllabus by the Court 1. The trial court correctly applied the doctrine of impossibility in holding that […]

123 N.W.2d 387 FOLEY BROTHERS, INC., AND ANOTHER v. JAMES C. MARSHALL, COMMISSIONER OF HIGHWAYS, AND ANOTHER. Nos. 39,154, 39,155, 39,161.Supreme Court of Minnesota. August 9, 1963. Highways — construction contract — rejection of low bid — propriety. The commissioner of highways provided in proposals for bids on certain highway construction that bidders should submit […]

Ai Viet Thi NGUYEN, Appellant, v. Phu Chau NGUYEN, et al., Defendants, Scott County, Respondent. No. C9-96-2246.Minnesota Court of Appeals. July 8, 1997. Appeal from the District Court, Scott County, Richard J. Menke, J. Page 722 Syllabus by the Court Even if a governmental entity knows that a public roadway is dangerous, it has discretionary […]

SAFECO INSURANCE COMPANY OF AMERICA, Appellant, v. Dorothy STARIHA, Respondent. No. C1-831804.Minnesota Court of Appeals. March 28, 1984. Appeal from the District Court, Hennepin County, Delila F. Pierce, J. Page 664 Syllabus by the Court 1. Existence of unrelated and remote attorney-client relationship between a neutral arbitrator and counsel for a party to the arbitration […]

67 N.W.2d 824 GEORGE HARRIS v. CAMPBELL CEREAL COMPANY.[1] No. 36,360.Supreme Court of Minnesota. December 17, 1954. [1] Reported in 67 N.W.2d 824. Negligence — care required of merchant displaying wares near stairway — sufficiency of evidence. 1. A merchant who displays wares on his premises near some opening, stairway, or obstruction and invites customers […]

186 N.W.2d 668 DORA LeTOURNEAU AND ANOTHER v. LEONARD KROOK. Nos. 42501, 42502.Supreme Court of Minnesota. April 23, 1971. Negligence — proximate cause — burden of proof. 1. The burden rests upon plaintiffs to establish primary negligence of defendant which was the proximate cause of the injury for which plaintiffs seek recovery. Page 150 Same […]

213 N.W.2d 631 MelROY PETERSON v. BOARD OF COUNTY COMMISSIONERS, ST. LOUIS COUNTY. WARREN SPANNAUS, ATTORNEY GENERAL, STATE OF MINNESOTA, INTERVENOR. No. 43796.Supreme Court of Minnesota. December 14, 1973. Schools and school districts — attachment of unorganized territory to school district in another county — compliance with required procedures. 1. In this case involving an […]

Hugh Bion MORSE, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. 82-383.Supreme Court of Minnesota. November 12, 1982. Rehearing Denied December 29, 1982. Appeal from the District Court, Ramsey County, James M. Lynch, J. Syllabus by the Court Postconviction court properly refused to resentence petitioner according to the Minnesota Sentencing Guidelines. Douglas March and Bruce […]

Joddie C. GILBERTSON and County of Clay, Respondents, v. Terry GRAFF, Appellant. No. CX-91-437.Minnesota Court of Appeals. November 26, 1991. Appeal from the District Court, Clay County, George Gaffaney, Administrative Law Judge. Page 772 Syllabus by the Court I. General assistance benefits are not income for the purpose of determining child support. II. Excess proceeds […]

Rutherford HARRIS et al, Respondents, v. STATE of Minnesota, Appellant, City of Virginia, Respondent, Independent School District No. 706, Virginia, Minnesota, Respondent, Oglebay Norton Company, Respondent, Duluth Missabe and Iron Range Railway Company et al, Defendants. No. 49308.Supreme Court of Minnesota. January 18, 1980. Appeal from the District Court, St. Louis County, Donald E. Anderson, […]

3 N.W.2d 673 VICTOR A. WARNER v. A. G. ANDERSON, INC.[1] No. 33,185.Supreme Court of Minnesota. May 8, 1942. [1] Reported in 3 N.W.2d 673. Municipal court — review of judgment. Certiorari upon the relation of Victor A. Warner to review a judgment of the municipal court of Duluth, St. Louis county, Richard M. Funck, […]

In re the Matter of Kelli ROHMILLER, et al., petitioners, Respondents, v. Andrew HART, Appellant, and Jennifer Joseph, Guardian ad Litem. No. A10-1348.Minnesota Court of Appeals. April 19, 2011. Appeal from the District Court, Dakota County, Michael J. Page 613 SYLLABUS 1. Although Minn. Stat. § 257C.08 (2010) provides that, in setting visitation between the […]

125 N.W.2d 169 IN RE APPLICATION FOR DISCIPLINE OF THEODOR HERZL HERMAN. No. 39,200.Supreme Court of Minnesota. December 6, 1963. Attorney and client — disbarment proceedings — conviction of crime. Petition to this court by the State Board of Law Examiners for the discipline of Theodor Herzl Herman, an attorney at law. Disbarment ordered. Glen […]

Janice M. LYONS, Relator, v. HEALTH AND HUMAN SERVICES DEPARTMENT, Commissioner of Jobs and Training, Respondents. No. C7-87-1332.Minnesota Court of Appeals. October 6, 1987. Appeal from the Department of Health and Human Services. Syllabus by the Court 1. The “serious illness exception” to a misconduct disqualification under the unemployment laws is not also applicable to […]

Howard GACKSTETTER, Relator, v. JOHNSON/MIDWEST COCA COLA BOTTLING, Self-Insured, Respondent, and State Treasurer, Custodian of the Special Compensation Fund, Respondent. No. C9-93-1194.Supreme Court of Minnesota. January 14, 1994. Page 440 Jane McMahon, Horvei, Gubbe Krueger, P.A., Roseville, for relator. John T. Thul, Cousineau, McGuire Anderson, Minneapolis, for Johnson/Midwest Coca Cola Bottling. Sara J. Stoltman, St. […]

In re the Marriage of Cardell James KELLEN, Petitioner, Respondent, v. Connie Diane KELLEN, Appellant. No. C8-84-2183.Minnesota Court of Appeals. May 14, 1985. Appeal from the County Court, Lyon County, George I. Harrelson, J. Page 649 Syllabus by the Court The trial court, by redistributing the costs of visitation between the parties, in effect modified […]

Patrick Brian STEWART, Respondent, v. Christopher Michael KOENIG, et al., Appellants. No. A08-1209.Supreme Court of Minnesota. June 10, 2010. Appeal from the District Court, Olmsted County, Joseph F. Chase, J. SYLLABUS An easement-user who crosses a state trail for purposes of access to the main road as contemplated by Minn. Stat. § 85.015, subd. lb […]

STATE of Minnesota, by Stephen W. COOPER, Commissioner, Minnesota Department of Human Rights, Respondent, v. MOORHEAD STATE UNIVERSITY, Relator. No. C3-89-1977.Minnesota Court of Appeals. May 8, 1990. Page 80 Syllabus by the Court 1. The administrative law judge’s finding of sex discrimination was based upon proper factors and is supported by the record. 2. The […]

176 N.W.2d 112 ALSTORES REALTY, INC. v. STATE, COUNTY OF HENNEPIN. No. 41708.Supreme Court of Minnesota. March 20, 1970. Taxation — valuation of land — duties of assessor. 1. In determining valuation of land for tax purposes, an assessor is enjoined by statute to value each article or description of property separately, and at such […]

229 N.W.2d 34 RAYMOND A. HEGGESTAD AND ANOTHER v. DAVID K. DUBKE. No. 44955.Supreme Court of Minnesota. May 9, 1975. New trial — grounds — insufficiency of evidence and errors of law. A new trial will not be granted where there is no objection to the jury instructions as given and where there is sufficient […]

STATE of Minnesota, Petitioner, Appellant, v. Franchell Maria ROSSE, Respondent. No. C5-90-1775.Supreme Court of Minnesota. December 20, 1991. Appeal from the District Court, Ramsey County, David E. Marsden, J. Syllabus by the Court Defendant was in de facto custody so that a Miranda warning was required before the officers could interrogate defendant, and the admission […]

STATE of Minnesota, Respondent, v. Rhona Ann WALLERT, Appellant. No. C5-86-1478.Minnesota Court of Appeals. March 17, 1987. Review Denied May 18, 1987. Appeal from the District Court, Brown County, Noah Rosenbloom, J. Syllabus by the Court Accomplices’ testimony was not sufficiently corroborated to support appellant’s conviction for aiding and abetting a second-degree burglary. Hubert H. […]

In the Matter of the WELFARE OF R.D.W. No. C1-86-1767.Minnesota Court of Appeals. June 2, 1987. Review Denied July 15, 1987. Appeal from the County Court, McLeod County, John C. Schmidt, J. Page 114 Syllabus by the Court 1. Trial court properly concluded that appellant waived his objection to the timeliness of the reference hearing. […]

Dan GERMANN, Respondent, v. F.L. SMITHE MACHINE COMPANY, Defendant and Third Party Plaintiff, Petitioner, Appellant, Quality Park Products, Third Party Defendant. No. C9-85-1442Supreme Court of Minnesota. November 14, 1986. Appeal from the District Court, Ramsey County, Edward R. Mulally, J. Page 923 Syllabus by the Court 1. Manufacturer of industrial machine that posed danger of […]

176 N.W.2d 101 MARY L. RAY v. ROBERT M. WAGNER. No. 41731.Supreme Court of Minnesota. March 20, 1970. Physicians and surgeons — action against physician for negligence — submission of contributory negligence — propriety. In an action against a physician for damages resulting from his failure promptly to notify a patient that tests showed she […]

In the Matter of the WELFARE OF the CHILDREN OF S.E.P. and J.W.P., Parents. No. A07-25.Supreme Court of Minnesota. February 14, 2008. Page 382 SYLLABUS Substantial evidence existed on the record to support termination of mother’s parental rights to her children under Minn. Stat § 260C.301, subd. 1(b)(5) (2006). Heard, considered, and decided by the […]

Brad VONCH, Appellant, v. CARLSON COMPANIES, INC., Respondent. No. C8-88-2578.Minnesota Court of Appeals. May 9, 1989. Review Denied July 12, 1989. Appeal from the District Court, Hennepin County, William B. Christensen, J. Syllabus by the Court The trial court did not err in granting summary judgment where termination of appellant’s at-will employment did not violate […]

John Charles WISTROM, Appellant, v. DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY, Respondent. No. C1-88-2373.Minnesota Court of Appeals. March 28, 1989. Review Denied May 24, 1989. Appeal from the District Court, St. Louis County, Jack J. Litman, J. Page 731 Syllabus by the Court A person injured while repairing machinery used in loading maritime cargo […]

62 N.W.2d 813 LAWRENCE BUSHNELL v. CITY OF DULUTH.[1] No. 36,172.Supreme Court of Minnesota. February 5, 1954. [1] Reported in 62 N.W.2d 813. Workmen’s compensation — proceedings for compensation — review — findings of industrial commission. In a proceeding under the workmen’s compensation act, if the conclusion of the commission is supported by sufficient competent […]

In re the Marriage of James R. PEKAREK, Petitioner, Respondent, v. Judith Ann (Pekarek) WILKING, Appellant. No. CX-85-1644.Minnesota Court of Appeals. January 14, 1986. Appeal from the District Court, Ramsey County, Roland J. Faricy, J. Syllabus by the Court 1. The trial court properly ordered entry of amended judgment and decree based Page 162 on […]

Jason GILHOUSEN, Respondent, v. ILLINOIS FARMERS INSURANCE COMPANY, petitioner, Appellant. No. C2-97-414.Supreme Court of Minnesota. August 13, 1998. Appeal from the District Court, McLeod County, Leroy W. Yost. Page 572 Syllabus by the Court The Employee Retirement Income Security Act of 1974 does not preempt application of Minnesota’s collateral source statute, Minn.Stat. § 548.36 (1996). […]

134 N.W.2d 304 DWAIN BECKEL v. T. S. ALEXANDER AND ANOTHER. No. 39,515.Supreme Court of Minnesota. April 9, 1965. Master and servant — negligence — furnishing unsafe equipment — sufficiency of evidence. Where it is equally probable that an employee’s fall from a ladder furnished by an employer may have resulted from a cause other […]

Henry J. MILLER, Jr., et al., Plaintiffs, Prudential Property Casualty Insurance Company, et al., Intervenors, Appellants, v. ASTLEFORD EQUIPMENT CO., INC., Respondent, and PRUDENTIAL PROPERTY CASUALTY INSURANCE COMPANY, et al., Intervenors, Appellants, v. Henry J. MILLER, Jr., et al., Plaintiffs. No. C3-85-1193.Minnesota Court of Appeals. December 10, 1985. Review Denied February 14, 1986. Appeal from […]

13 N.W.2d 729 EARL GLENDEN Le BAR v. EWALD BROS. DAIRY AND ANOTHER.[1] No. 33,658.Supreme Court of Minnesota. March 17, 1944. [1] Reported in 13 N.W.2d 729. Workmen’s compensation — injury arising out of and in course of employment. Relator employer, a partnership, has for many years carried on the dairy business in the city […]

Varco H. REBISKI, Respondent, v. PIONEER TELEPHONE COMPANY, et al., Relators. No. 47520.Supreme Court of Minnesota. January 13, 1978. Appeal from the Workers’ Compensation Court of Appeals. Page 425 C. Douglas Allert, Minneapolis, for relators. Abrams Spector and Peter J. Pustorino, Minneapolis, for respondent. Considered and decided by the court without oral argument. PER CURIAM. […]

Mary Doe, et al., Appellants, v. F.P., Respondent Diocese of Winona, Respondent. No. CX-03-333.Minnesota Court of Appeals. Filed: August 19, 2003. Page 494 Appeal from the Hennepin County District Court, File No. PI-01-17801. Page 495 SYLLABUS 1. When a cleric and another person engage in mutual discussions of personal problems and regard their relationship as […]

Richard A. LAFOUNTAIN, Relator, v. M.A. GEDNEY COMPANY and SFM Mutual Insurance Company, Respondents. No. A10-1577.Supreme Court of Minnesota. January 3, 2011. David R. Vail, Soderberg Vail, L.L.C., Minneapolis, MN, for relator. Beth Giebel Mandel, Lynn, Scharfenberg Associates, Minneapolis, MN, for respondents. Considered and decided by the court without oral argument. ORDER Based upon all […]

STATE of Minnesota, Respondent, v. David William CARSON, Appellant. No. C2-86-1020.Minnesota Court of Appeals. September 23, 1986. Appeal from the District Court, Hennepin County, Neil A. Riley, J. Page 383 Syllabus by the Court Because appellant was sentenced to a concurrent sentence for an offense committed while on probation, he is entitled to receive jail […]

176 N.W.2d 759 FRED M. BONNER II v. STATE. No. 42182.Supreme Court of Minnesota. April 24, 1970. Criminal law — postconviction relief — denial — propriety. Appeal by Fred M. Bonner II from an order of the Hennepin County District Court, Rolf Fosseen, Judge, denying his petition for postconviction relief after he was convicted of […]

42 N.W.2d 553 JOSEPH LOWRY v. CITY OF MANKATO AND OTHERS.[1] No. 35,057.Supreme Court of Minnesota. May 5, 1950. [1] Reported in 42 N.W.2d 553. Municipal corporation — zoning ordinance — construction — erection of accessory buildings. 1. A provision in a zoning ordinance authorizing the erection in a residence district of accessory buildings, including […]

STATE of Minnesota By the WASTE MANAGEMENT BOARD, Respondent, v. Mae M. BRUESEHOFF, et al., Appellants. No. CX-83-1221.Minnesota Court of Appeals. January 11, 1984. Appeal from the District Court, Carver County, Jack A. Mitchell, J. Page 293 Syllabus by the Court 1. Statutory terms must be construed according to their common and approved usage and […]

RUPP CONSTRUCTION COMPANY, Respondents, v. COUNTY OF LINCOLN, Appellant. No. C2-84-1319.Minnesota Court of Appeals. November 27, 1984. Appeal from the Lincoln County Court, George A. Marshall, J. Syllabus by the Court The trial court correctly interpreted Lincoln County Ordinance No. 11 as imposing a production tax on aggregate at the time of transport rather than […]

In re the Application of Steven HIRSH for Admission to the Bar of the State of Minnesota. No. C8-92-480.Supreme Court of Minnesota. May 29, 1992. Considered and decided by the court en banc without oral argument. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of Steven […]

STATE of Minnesota, Respondent, v. Robert Earl SCOTT, Appellant. No. 48293.Supreme Court of Minnesota. March 30, 1979. Appeal from the District Court, Hennepin County, David R. Leslie, J. Page 660 C. Paul Jones, Public Defender, Minneapolis, for appellant. Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, Chief Asst. County […]

Juanita FAHEY, Respondent, v. AVNET, INC., Relator. No. CX-94-856.Minnesota Court of Appeals. December 20, 1994. Review Denied February 14, 1995. Page 569 Syllabus by the Court 1. When a corporation and its subsidiaries are not operated separately, they will Page 570 be considered an integrated enterprise for purposes of determining jurisdiction under the Minnesota Human […]

STATE of Minnesota, Respondent, v. POR HUE VUE, aka Tho Bee Khang, Appellant. No. A07-1401.Minnesota Court of Appeals. August 5, 2008. Appeal from the District Court, Ramsey County, Diane R. Alshouse, J. Page 768 Syllabus by the Court When one co-tenant consents to the search of a residence, a second co-tenant who was present but […]

Mark Craig, Relator, vs. Americold Logistics LLC and Liberty Mutual Insurance Co., Respondents. No. CX-02-1536.Supreme Court of Minnesota. Filed: November 19, 2002. Rehearing Denied December 17, 2002. Appeal from the Worker’s Compensation Court of Appeals, Compensation Judge Paul V. Rieke. Mark L. Rodgers, P.C., Bemidji, for relator. Nikki K. Jones, Conley Borgeson, St. Paul, for […]

Noel KJESBO, Petitioner, Appellant, v. Randy RICKS, et al., Respondents (C9-93-160), Appellants (C5-93-365), Douglas Daniels, Respondent (C5-93-365), Appellant (C9-93-160), Metropolitan Life Insurance Company, Respondent. Nos. C9-93-160, C5-93-365.Supreme Court of Minnesota. June 30, 1994. Rehearing Denied August 12, 1994. Appeal from the District Court, Grant County, Bruce N. Reuther, J. Page 586 Syllabus by the Court […]

State of Minnesota, petitioner, Appellant, vs. Jela DeShaun Jones, Respondent. No. CX-01-1431.Supreme Court of Minnesota. Filed: April 17, 2003. Appeal from the Minnesota Court of Appeals. Page 749 SYLLABUS The addition of a 10-year conditional release term pursuant to Minn. Stat. § 609.108, subd. 6, after the respondent’s sentence was already enhanced pursuant to Minn. […]

221 N.W.2d 706 STATE v. DALE ORLIE SWENSON, ALSO KNOWN AS JOHN QUINCY MOLUMBY. No. 43998.Supreme Court of Minnesota. September 13, 1974. Criminal law — trial — robbery charge — propriety of joint trial. In the prosecution of three defendants for robbing elderly and infirm victims, held it was proper to order a joint trial. […]

79 N.W.2d 142 LOUIS ROBERGE v. CAMBRIDGE COOPERATIVE CREAMERY COMPANY. No. 36,927.Supreme Court of Minnesota. November 2, 1956. Contracts — implied in fact. 1. A contract implied in fact is a true contract requiring a meeting of the minds the same as an express contract. Same — same — effect of misrepresentation. 2. A material […]

STATE of Minnesota, Respondent, v. Carrie Lynn PARSON, Appellant. No. C7-89-1853.Minnesota Court of Appeals. June 26, 1990. Review Denied July 31, 1990. Appeal from the District Court, St. Louis County, Joseph Scherkenbach, J. Page 262 Syllabus by the Court 1. Once a trial court determines the necessity for standby counsel, the standby counsel must be […]

208 N.W.2d 287 STATE v. STEPHEN LAWRENCE KING. No. 43210.Supreme Court of Minnesota. June 8, 1973. Criminal law — conviction of robbery and murder — identification evidence — sufficiency. 1. The positive in-court identification of defendant as the gunman in a robbery-murder, made by a victim of the robbery and Page 307 eyewitness to the […]

STATE of Minnesota, Respondent, v. Jan P. REED, Appellant. No. C1-86-599.Minnesota Court of Appeals. December 30, 1986. Review Denied February 13, 1987. Appeal from the District Court, Ramsey County, Hyam Segell, J. Page 615 Syllabus by the Court 1. Appellant’s right to counsel did not include the right to appointed counsel of his choice. 2. […]

STATE of Minnesota, Respondent, v. Douglas Wayne HAGEN, Appellant. No. C7-85-2315.Minnesota Court of Appeals. August 12, 1986. Review Denied October 17, 1986. Appeal from the District Court, Stearns County, Paul Hoffman, J. Page 889 Syllabus by the Court 1. Where consent was not a defense and the prosecution’s case did not include semen evidence, the […]

Tzvee ZARAVY, Relator, v. UNIVERSITY OF MINNESOTA, Respondent. No. C5-95-984.Minnesota Court of Appeals. March 5, 1996. Page 33 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 34 Syllabus by the Court 1. Unprofessional conduct may impair a university professor’s “fitness in a […]

Harry Peter BUYSSE, et al., judgment creditors, Respondents, v. BAUMANN-FURRIE COMPANY, judgment debtor, Respondent, and St. Paul Fire Marine Insurance Company, judgment garnishee, Appellant. Nos. C7-92-1667, C1-92-1695.Minnesota Court of Appeals. April 6, 1993. Review Denied June 28, 1993. Appeal from the District Court, Lyon County, Harvey A. Holtan, J. Syllabus by the Court 1. Judgment […]

MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320, Appellant, v. COUNTY OF WASHINGTON, Respondent. No. CX-87-823.Minnesota Court of Appeals. October 6, 1987. Review Granted December 18, 1987. Appeal from the District Court, Washington County, Esther Tomljanovich, J. Syllabus by the Court The Minnesota Public Employment Labor Relations Act expressly excludes retirement contributions […]

58 N.W.2d 739 JACK S. WELLER v. NORTHWEST AIRLINES, INC.[1] No. 35,872.Supreme Court of Minnesota. May 15, 1953. [1] Reported in 58 N.W.2d 739. Negligence — contributory negligence — sufficiency of evidence. 1. Plaintiff’s testimony as to appearance of rubber-like protrusion on platform between ramp and entrance to plane considered and held not to establish […]