Cited by
Opinions in Minnesota that cite Flom v. Flom, 291 N.W.2d 914.
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Erica Robinson, Appellant,
Minn. Ct. App. 2026
Negligence generally is defined as “the failure to exercise the level of care that a person of ordinary prudence would exercise under the same or similar circumstances.” Doe 169 v. Brandon, (d 914, 916 (Minn. 1980)).
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Severin M. Chmielewski, et al., Respondents,
Minn. Ct. App. 2024
“Proximate cause exists if the negligent conduct was a substantial factor in bringing about the injury.”
- Alejandro Cruz-Guzman, as guardian and next friend of his minor children v. State of Minnesota, ... Minn. 2023
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Alejandro Cruz-Guzman, as guardian and next friend of his minor children v. State of Minnesota, ...
Minn. 2023
Under our proximate cause standard, the conduct or action must 27 be “a substantial factor in bringing about the injury.”
- Fenrich v. Blake School 901 N.W.2d 223 Minn. Ct. App. 2017
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Fenrich v. Blake School
901 N.W.2d 223
Minn. Ct. App. 2017
“Negligence is the failure to exercise the level of care that a person of ordinary prudence would exercise under the same or similar circumstances.” Doe 169 v. Brandon, , 177 (Minn. 2014) ().
- Doe 169 v. Brandon 845 N.W.2d 174 Minn. 2014
- Doe 169 v. Brandon 845 N.W.2d 174 Minn. 2014
- Johnson v. Paynesville Farmers Union Cooperative Oil Co. 817 N.W.2d 693 Minn. 2012
- Domagala v. Rolland 805 N.W.2d 14 Minn. 2011
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Domagala v. Rolland
805 N.W.2d 14
Minn. 2011
I. Negligence is generally defined as the failure “to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (citations omitted).
- Osborne v. Twin Town Bowl, Inc. 749 N.W.2d 367 Minn. 2008
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Followed
Osborne v. Twin Town Bowl, Inc.
749 N.W.2d 367
Minn. 2008
Today, we reaffirm the well-established tort principle in the dram shop context that intoxication need only be “a substantial factor in bringing about the injury.” (emphasis added) (defining proximate cause in the context of a negligence action); see also Kryzer, d at 37 (citing Flom while discussing the definition of proximate cause under the Dram Shop Act).
- Stuedemann v. Nose 713 N.W.2d 79 Minn. Ct. App. 2006
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Stuedemann v. Nose
713 N.W.2d 79
Minn. Ct. App. 2006
The plaintiff must show that the defendant’s “conduct was a substantial factor in bringing about the injury.”
- State v. Tice 686 N.W.2d 351 Minn. Ct. App. 2004
- State v. Tice 686 N.W.2d 351 Minn. Ct. App. 2004
- Funchess v. Cecil Newman Corp. 615 N.W.2d 397 Minn. Ct. App. 2000
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Funchess v. Cecil Newman Corp.
615 N.W.2d 397
Minn. Ct. App. 2000
But there must also be a showing that the defendant’s conduct “was a substantial factor in bringing about the injury.”
- Canada by and Through Landy v. McCarthy 567 N.W.2d 496 Minn. 1997
- Canada by and Through Landy v. McCarthy 567 N.W.2d 496 Minn. 1997
- Lubbers v. Anderson 539 N.W.2d 398 Minn. 1995
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Lubbers v. Anderson
539 N.W.2d 398
Minn. 1995
There must also be a showing that the defendant’s “conduct was a substantial factor in bringing about the injury.” , 917 *402 (Minn.1980).
- Wallin v. Rappaport 539 N.W.2d 4 Minn. Ct. App. 1995
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Wallin v. Rappaport
539 N.W.2d 4
Minn. Ct. App. 1995
4 Minnesota Practice, CIVJIG 140 (3d ed. 1986)
- Benike v. Dairyland Insurance Co. 520 N.W.2d 465 Minn. Ct. App. 1994
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Benike v. Dairyland Insurance Co.
520 N.W.2d 465
Minn. Ct. App. 1994
In the tort context, “[pjroximate cause exists if the negligent conduct was a substantial factor in bringing about the injury.”
- Kryzer v. Champlin American Legion No. 600 494 N.W.2d 35 Minn. 1992
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Kryzer v. Champlin American Legion No. 600
494 N.W.2d 35
Minn. 1992
and Peterson v. Fulton, 192 Minn. 360, 365 , 256 N.W.
- Schoer v. West Bend Mutual Insurance Co. 473 N.W.2d 73 Minn. Ct. App. 1991
- Schoer v. West Bend Mutual Insurance Co. 473 N.W.2d 73 Minn. Ct. App. 1991
- Fiedler v. Adams 466 N.W.2d 39 Minn. Ct. App. 1991
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Fiedler v. Adams
466 N.W.2d 39
Minn. Ct. App. 1991
see also 4 Minnesota Practice, CIV.
- Johnson v. Waletzke 448 N.W.2d 541 Minn. Ct. App. 1989
- Johnson v. Waletzke 448 N.W.2d 541 Minn. Ct. App. 1989
- Roemer v. Martin 440 N.W.2d 122 Minn. 1989
- Roemer v. Martin 440 N.W.2d 122 Minn. 1989
- Reedon of Faribault, Inc. v. Fidelity & Guaranty Insurance Underwriters, Inc. 418 N.W.2d 488 Minn. 1988
- Reedon of Faribault, Inc. v. Fidelity & Guaranty Insurance Underwriters, Inc. 418 N.W.2d 488 Minn. 1988
- Lennon v. Pieper 411 N.W.2d 225 Minn. Ct. App. 1987
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Lennon v. Pieper
411 N.W.2d 225
Minn. Ct. App. 1987
A negligent act is the proximate cause of an injury only (1) where the negligent conduct was a substantial factor in bringing about the harm, or (2) where the party ought, in the exercise of ordinary care, to have anticipated that the act was likely to result in injury to others.
- Jondal v. Chicago, Milwaukee, St. Paul & Pacific Railroad 406 N.W.2d 539 Minn. Ct. App. 1987
- Jondal v. Chicago, Milwaukee, St. Paul & Pacific Railroad 406 N.W.2d 539 Minn. Ct. App. 1987
- Boitz v. Preblich 405 N.W.2d 907 Minn. Ct. App. 1987
- Boitz v. Preblich 405 N.W.2d 907 Minn. Ct. App. 1987
- McIlrath v. College of Saint Catherine 399 N.W.2d 173 Minn. Ct. App. 1987
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McIlrath v. College of Saint Catherine
399 N.W.2d 173
Minn. Ct. App. 1987
at 174 n. 7, d at 648 n. 7
- Gits v. Norwest Bank Minneapolis 390 N.W.2d 835 Minn. Ct. App. 1986
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Gits v. Norwest Bank Minneapolis
390 N.W.2d 835
Minn. Ct. App. 1986
Flow, v. Flow, Prosser and Keeton on the Law of Torts, § 41 at 267-68 (5th ed. 1984).
- Germann v. F.L. Smithe MacHine Co. 381 N.W.2d 503 Minn. Ct. App. 1986