Category: Minnesota Court Opinions

Cleo Grace DOCKIN, Appellant, v. STATE of Minnesota, Respondent. No. C6-86-1165.Minnesota Court of Appeals. January 13, 1987. Appeal from the District Court, Hennepin County, Peter J. Lindberg, J. Page 105 Syllabus by the Court Seventeen stayed misdemeanor sentences of 90 days each, executed after the imposition of a subsequent felony sentence, should not run consecutive […]

STATE of Minnesota, Respondent, v. Mark Lee DUE, Respondent, Interstate Bonding, Inc., Appellant. No. C8-88-474.Minnesota Court of Appeals. August 16, 1988. Review Denied September 28, 1988. Appeal from the District Court, Martin County, Conrad F. Gaarenstroom, J. Page 277 Syllabus by the Court Trial court was within its discretion in refusing to forgive surety’s obligation […]

Dennis CASPER, Respondent, v. CITY OF STACY, Appellant. No. C4-90-2352.Minnesota Court of Appeals. July 30, 1991. Review Denied September 25, 1991. Appeal from the District Court, Chisago County, Linn Slattengren, J. Page 903 Syllabus by the Court 1. A municipality which purchases insurance coverage in excess of the limits of liability of liability Minn.Stat. § […]

63 N.W.2d 573 IN RE ADOPTION OF MARIA AND PATRICIA ZAVASKY. GEORGE SHERMAN AND ANOTHER v. BUREAU OF CATHOLIC CHARITIES AND ANOTHER.[1] No. 36,197.Supreme Court of Minnesota. March 19, 1954. [1] Reported in 63 N.W.2d 573. Adoption — guardian — dependent or neglected children — necessity of consent. 1. The term guardian, as defined in […]

88 N.W.2d 91 MARGUERITE KACHEL AND ANOTHER v. RAY BENDISKE. No. 37,251.Supreme Court of Minnesota. February 14, 1958. Trial — instructions — duties of drivers involved in intersection collision. The trial court’s instruction to the jury in this case, involving a collision of two automobiles at an intersection, read as a whole, cannot be said […]

Roger E. JOHNSON, et al., Appellants, v. Joseph URIE and American Family Mutual Insurance Company, Respondents. No. C0-86-920.Minnesota Court of Appeals. October 28, 1986. Review Granted December 23, 1986. Appeal from the District Court, St. Louis County, Charles T. Barnes, J. Page 847 Syllabus by the Court A common law duty to offer underinsured motorist […]

In Re Petition for Disciplinary Action against Peter Bruce Zatz, an Attorney at Law of the State of Minnesota. No. C9-98-209.Supreme Court of Minnesota. Filed May 22, 2000. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Peter Bruce Zatz has committed professional misconduct […]

STATE of Minnesota, Respondent, v. Douglas A. DETTMAN, Appellant. No. A04-975.Minnesota Court of Appeals. May 24, 2005. Appeal from the District Court, Olmsted County. Page 813 SYLLABUS 1. A defendant has a Sixth Amendment right to a jury determination of any fact not admitted by the defendant, except the fact of a prior conviction, that […]

HIGHER EDUCATION ASSISTANCE FOUNDATION, Petitioner, Appellant, v. Earl SINGH, Respondent. No. C3-87-288.Supreme Court of Minnesota. September 2, 1988. Appeal from the District Court, Hennepin County, Roberta K. Levy, J. Syllabus by the Court Federal regulations do not require that a Guarantee Association under the Guaranteed Student Loan Program disseminate to individual borrowers standards and procedures […]

In the Matter of the WELFARE OF S.H., on behalf of herself and all others similarly situated, Petitioner, Appellant, v. ADMINISTRATOR OF GOLDEN VALLEY HEALTH CENTER, Respondent. No. C8-86-227.Minnesota Court of Appeals. May 13, 1986. Appeal from the District Court, Hennepin County, H. Peter Albrecht, J. Page 806 Syllabus by the Court Because appellant is […]

Grace Skelly, Appellant, vs. Stanley Mount, d/b/a Neptune Bar Lounge, Respondent. No. C3-00-952.Minnesota Court of Appeals. Filed December 26, 2000. Page 567 SYLLABUS The term “other person” as used in the Civil Damage Act refers to any other person injured by the intoxication of another if that injured person played no role in causing the […]

STATE of Minnesota, Respondent, v. Christopher Paul CURTISS, Appellant. No. C7-84-1056.Minnesota Court of Appeals. August 21, 1984. Appeal from the District Court, Scott County, William F. Thuet, J. Syllabus by the Court In exercising sentencing discretion under State v. Kindem, 313 N.W.2d 6 (Minn. 1981), the trial court must consider circumstances supporting a downward durational […]

IN RE: CONSERVATORSHIP OF MARY LARKIN SMITH No. C9-02-667Minnesota Court of Appeals. Filed: January 21, 2003. Appeal from Hennepin County District Court File No. P4010119 Page 815 SYLLABUS Conservatorship proceedings under Minn. Stat. §§ 525.539-.6199 (2000) are governed by the Minnesota Rules of Civil Procedure, except where the application of the rules is inconsistent with […]

245 N.W.2d 819 EARLE ALMQUIST v. TOWN OF MARSHAN. No. 44599.Supreme Court of Minnesota. April 2, 1976. Zoning — moratorium on development — denial of permits allowed by existing ordinance — propriety. 1. A property owner does not have an absolute right to obtain from a town board a permit to use his land in […]

The SHELBY MUTUAL INSURANCE COMPANY, Respondent, v. Bradley KLEMAN, Appellant, Robert Joseph Sobczak, Appellant. Nos. 46617, 46618.Supreme Court of Minnesota. May 13, 1977. Appeal from the District Court, St. Louis County, Nicholas S. Chanak, J. Page 232 Syllabus by the Court 1. The trial court’s finding of lack of express or implied consent to drive […]

160 N.W.2d 581 WILBERT LLOYD BURKS v. JAMES ALBERT STATEMA. No. 40,872.Supreme Court of Minnesota. July 26, 1968. Automobiles — intersection accident — instructions — adequacy. Same — negligence of driver — sufficiency of evidence. Damages — not excessive. Action in the Ramsey County District Court for personal injuries and property damages allegedly sustained by […]

232 N.W.2d 753 JOHN S. WADENA v. LORRAINE A. BUSH. BYRON DEEGAN, THIRD-PARTY DEFENDANT. DAVID DEEGAN, A MINOR, BY CHARLES DEEGAN, HIS FATHER AND NATURAL GUARDIAN AND GUARDIAN AD LITEM, v. LORRAINE A. BUSH. JOHN S. WADENA AND ANOTHER, THIRD-PARTY DEFENDANTS. No. 45135.Supreme Court of Minnesota. August 15, 1975. Evidence — admissibility — notations in […]

STATE of Minnesota, Appellant, v. Harlan Edwin SCHROEDER, Jr., Respondent. No. 51966.Supreme Court of Minnesota. January 5, 1981. Appeal from the District Court, Wabasha County, Glenn Kelley, J. Page 791 Syllabus by the Court Pretrial appeal by state in criminal case from order dismissing prosecution for want of probable cause is dismissed as being from […]

John BERZAC, Relator, v. MARSDEN BUILDING MAINTENANCE CO., Respondent, Department of Economic Security, Respondent, and Delia J. RECH (Noyes), Relator, v. McDONALD’S RESTAURANTS OF MINNESOTA, INC., Respondents, Commissioner of Economic Security, Respondent. Nos. 51588, 51419.Supreme Court of Minnesota. November 6, 1981. Syllabus by the Court Where an individual is employed by more than one employer, […]

STATE of Minnesota, Respondent, v. Scott Alan JOHNSON, Appellant. No. 46176.Supreme Court of Minnesota. July 22, 1977. Appeal from the District Court, Ramsey County, Hyam Segell, J. C. Paul Jones, Public Defender, David M. Gross, Asst. Public Defender, Minneapolis, for appellant. Warren Spannaus, Atty. Gen., St. Paul, William B. Randall, County Atty., Steven C. DeCoster, […]

WORTHINGTON DORMITORY, INCORPORATED, n.k.a.k.a. Worthington College Foundation, Incorporated, Relator, v. COMMISSIONER OF REVENUE, Respondent. No. 50019.Supreme Court of Minnesota. April 11, 1980. Page 277 Syllabus by the Court A non-profit foundation which provides low-cost housing to students at a state-operated community college is exempt from sales and use taxation pursuant to Minn.Stat. § 297 A.25, […]

249 N.W.2d 458 TWIN CITIES METROPOLITAN PUBLIC TRANSIT AREA v. GEORGE C. HOLTER, d.b.a. RICHFIELD BUS COMPANY. No. 46608.Supreme Court of Minnesota. January 7, 1977. Appeal and error — appeal by party not aggrieved. Proceeding in the Hennepin County District Court to enjoin defendant from violating a cease and desist order issued by plaintiff. The […]

154 N.W.2d 488 ANDREA MARIE McCORMACK, BY DONALD McCORMACK, HER FATHER AND NATURAL GUARDIAN, v. HANKSCRAFT COMPANY, INC. No. 39,627.Supreme Court of Minnesota. November 17, 1967. Products liability — injury to user of product — bases of manufacturer’s liability. 1. A manufacturer is subject to liability for failure to exercise reasonable care in designing its […]

Gordon WILSON, Respondent, v. Charles M. SPILMAN, et al., Defendants, Dell E. Bourke, Appellant. No. C3-83-2050.Minnesota Court of Appeals. August 7, 1984. Appeal from the County Court, Aitkin County, Robert S. Graff, J. Page 521 Syllabus by the Court The finding of the trial court that respondent Wilson is the fee owner of a 35.7 […]

Tara L. Bray, Relator, v. Dogs Cats Limited (1997), Respondent, Commissioner of Employment and Economic Development, Respondent. No. A03-1413.Minnesota Court of Appeals. Filed: May 11, 2004. Appeal from the Department of Employment and Economic Development, No. 7865 03. Page 183 SYLLABUS Mere unsatisfactory performance does not constitute employment misconduct. In unemployment compensation cases, this court […]

42 N.W.2d 560 GEORGE M. SWIDER v. PILLSBURY MILLS, INC. AND ANOTHER.[1] No. 35,128.Supreme Court of Minnesota. May 11, 1950. [1] Reported in 42 N.W.2d 560. Workmen’s compensation — proceeding for compensation — medical report by neutral physician — use of transcript of evidence. M.S.A. 176.19(2) does not authorize the industrial commission in appointing a […]

In re the Marriage of Thayis Lee KING, petitioner, Respondent, v. Ernest Eugene KING, Appellant. No. CX-84-2122.Minnesota Court of Appeals. May 28, 1985. Appeal from the County Court, Pope County, John N. Claeson, J. Syllabus by the Court 1. Division of marital property, including vested unmatured pension of spouse, would not be remanded for specific […]

Donald SCHULTZ, Respondent, v. MACHOVEC FOOD MARKET, Relator, and Commissioner of Economic Security, Respondent. No. C1-84-1280.Minnesota Court of Appeals. November 20, 1984. Syllabus by the Court Respondent Donald Schultz was discharged for reasons other than misconduct and was not disqualified from receiving unemployment compensation benefits under Minn.Stat. § 268.09, subd. 1(2) (Supp. 1983). Katherine G. […]

STATE of Minnesota, Respondent, v. Zachary NMN PERSITZ, Appellant. No. C3-93-1840.Supreme Court of Minnesota. June 30, 1994. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Page 844 Syllabus by the Court 1. The trial court’s ruling excluding psychiatric opinion testimony from guilt phase of bifurcated criminal trial was not error where appellant […]

Ward HAUENSTEIN, Appellant, v. The LOCTITE CORPORATION, Respondent, S.H. ANSELL COMPANY, Defendant and Third-Party Plaintiff, v. Michael P. REDMOND and Charles K Sumner, etc., Third-Party Defendants. No. C4-82-1396.Supreme Court of Minnesota. April 20, 1984. Appeal from the District Court, Hennepin County, William S. Posten, J. Syllabus by the Court 1. A manufacturer’s duty to warn […]

STATE of Minnesota, Appellant, v. Gary Roy LOTTON, Respondent. No. C7-94-1995.Minnesota Court of Appeals. February 21, 1995. Review Denied April 18, 1995. Appeal from the District Court, Hennepin County, William S. Posten, J. Page 841 Syllabus by the Court 1. The trial court’s decision to suppress all of the evidence seized from respondent’s apartment and […]

165 N.W.2d 234 LOCAL 1140, INTERNATIONAL UNION OF ELECTRICAL, RADIO MACHINE WORKERS, AFL-CIO, AND OTHERS v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY AND OTHERS. No. 41230.Supreme Court of Minnesota. February 21, 1969. Insurance — group medical insurance policy — coverage — cost of whole blood. Under the provisions of a group medical insurance policy which provided […]

PAVING PLUS, INC. Appellant, v. PROFESSIONAL INVESTMENTS, INC., et al., Respondents, Minnesota State Bank, et al., Defendants, First National Bank of Waconia, Respondent. No. C3-85-1078.Minnesota Court of Appeals. March 4, 1986. Appeal from the District Court, Hennepin County, William S. Posten, J. Syllabus by the Court In mechanics’ lien foreclosure action, evidence was sufficient to […]

Robert BECKER, et al., Appellants, v. FIRST AMERICAN STATE BANK OF REDWOOD FALLS, Respondent. No. C1-87-1875.Minnesota Court of Appeals. March 1, 1988. Appeal from the District Court, Redwood County, Wayne R. Farnberg, J. Syllabus by the Court Trial court properly granted bank summary judgment dismissing action on alleged oral credit agreement when the alleged agreement […]

C M REAL ESTATE SERVICES, INC., Respondent v. Ganesh THONDIKULAM, Appellant. No. A06-1459.Minnesota Court of Appeals. October 2, 2007. Appeal from the District Court, Anoka County, Sean C. Gibbs, J. Page 726 SYLLABUS A purported lien creditor has no right to redeem property from foreclosure if the notice of intent to redeem is filed before […]

STATE of Minnesota, Plaintiff, v. Debra Dee CARITHERS, Clark Gaylord Gladwin, Defendants. No. C9-91-2423.Minnesota Court of Appeals. May 5, 1992. Review Granted June 30, 1992. Syllabus by the Court The third-degree murder statute, Minn.Stat. § 609.195(b), applies to a married person’s conduct toward a spouse, even if the drug causing death was jointly acquired, if […]

112 N.W.2d 357 STATE EX REL. CHARLES H. LAMPI v. RALPH H. TAHASH. No. 38,395.Supreme Court of Minnesota. December 1, 1961. Parole — jurisdiction of state over parolee — waiver of right to custody — effect. When a prisoner in custody of the warden of the State Penitentiary is released on parole, the state does […]

STATE of Minnesota, Respondent, v. Scott Allen HULST, Appellant. No. C2-93-1148.Minnesota Court of Appeals. January 11, 1994. Appeal from the District Court, Nobles County, David E. Christensen, J. Page 263 Syllabus by the Court A prior out-of-state license revocation may not be considered an element of the offense of refusal to submit to a chemical […]

Catherine LENSSEN, et al., Appellants, v. FARM BUREAU MUTUAL INSURANCE COMPANY, et al., Respondents. No. C5-87-2074.Minnesota Court of Appeals. March 29, 1988. Review Denied May 25, 1988. Appeal from the District Court, Clay County, Homer A. Saetre, J. Page 415 Syllabus by the Court 1. Failure to give insurer 30-day notice of settlement with underinsured […]

In re WELFARE OF Lynda Gail RAINO, Appellant, v. STATE of Minnesota, Respondent. No. 47132.Supreme Court of Minnesota. June 17, 1977. Appeal from the District Court, Hennepin County, Lindsay G. Arthur, J. Page 399 Syllabus by the Court After the adjudicatory hearing has been held, the juvenile court may not amend a petition charging a […]

BUTLER MANUFACTURING COMPANY, Respondent, v. Merrill MIRANOWSKI, d.b.a. M M Construction, Appellant. No. C8-85-2274.Minnesota Court of Appeals. July 15, 1986. Appeal from the District Court, Wilkin County, Bruce N. Reuther, J. Page 381 Syllabus by the Court Appellant gave timely notice of his warranty claim. Respondent is liable for appellant’s warranty claim if is one […]

In re Kris Lynn Eisenschenk, n/k/a Kris Lynn Gruenes, petitioner, Appellant, v. Timothy James Eisenschenk, Respondent. No. C2-03-343.Minnesota Court of Appeals. Filed: September 9, 2003. Appeal from the District Court, Stearns County, File No. F9971001. Page 236 SYLLABUS 1. The existence of a IV-D case on behalf of a party to a child-support dispute from […]

In Re the Marriage of Bonnie M. NELSON, f/k/a, Bonnie M. Quade, Petitioner, Respondent, v. David L. QUADE, Appellant. No. C7-87-522.Minnesota Court of Appeals. October 13, 1987. Review Denied 22, 1987. Appeal from the District Court, Dakota County, Leslie M. Metzen, J. Page 825 Syllabus by the Court 1. Nature of ambiguous dissolution award can […]

STATE of Minnesota, Respondent, v. Paul CRAIG, Appellant. No. C6-84-402.Minnesota Court of Appeals. December 11, 1984. Appeal from the District Court, Anoka County, Lynn C. Olson, J. Page 71 Syllabus by the Court 1. The jury verdicts are supported by sufficient evidence. 2. The trial court did not err in admitting a cropped photograph of […]

74 N.W.2d 518 VINCENT M. DI RE v. CENTRAL LIVESTOCK ORDER BUYING COMPANY. FRANK T. STARKEY, COMMISSIONER OF EMPLOYMENT SECURITY, RESPONDENT.[1] No. 36,711.Supreme Court of Minnesota. January 27, 1956. [1] Reported in 74 N.W.2d 518. Corporations — separate entities — when parent and subsidiary so treated. 1. Where a subsidiary corporation is formed to engage […]

7 N.W.2d 538 HERMAN F. DROEGE v. CHRISTINE BROCKMEYER AND ANOTHER.[1] No. 33,312.Supreme Court of Minnesota. January 2, 1943. [1] Reported in 7 N.W.2d 538. Appeal and error — appealable and nonappealable orders. Trial — effect of refusal to amend findings. 1. An order denying a motion for amended or additional findings is not appealable. […]

146 N.W.2d 853 WAYNE LeCLAIR AND HIS MOTHER AND NATURAL GUARDIAN, PHYLLIS MAXEY, v. WALLACE SICKLER. No. 40,052.Supreme Court of Minnesota. December 2, 1966. Trial — questioning driver about whether he received traffic ticket — propriety. 1. Where police officers who were called to the scene of an accident appeared at the trial as plaintiffs’ […]

STATE of Minnesota, Respondent, v. Dennis Brian HERNANDEZ, Appellant. No. C6-86-551.Minnesota Court of Appeals. September 9, 1986. Review Denied October 22, 1986. Appeal from the District Court, Ramsey County, Bertrand Poritsky, J. Syllabus by the Court 1. Police records of potential jurors are not discoverable by the defense. 2. Defendant was properly impeached by a […]