Cited by
Opinions in Minnesota that cite Cairl v. State, 323 N.W.2d 20.
- Richard Joseph Terfehr v. Buffalo-Red River Watershed District, Wilkin ... Minn. Ct. App. 2026
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Richard Joseph Terfehr v. Buffalo-Red River Watershed District, Wilkin ...
Minn. Ct. App. 2026
No. 16, (stating that immunity “must be narrowly construed” (quotation omitted)).
- Minor Doe 601, a minor, by and through his mother and natural guardian, Mother Doe 601, Appellants, vs. … Minn. 2025
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Minor Doe 601, a minor, by and through his mother and natural guardian, Mother Doe 601, Appellants, vs. …
Minn. 2025
We have observed that “almost every act involves some measure of discretion, and yet undoubtedly not every act of government is entitled to discretionary immunity.”
- Christine L. Rathbun v. Fillmore County Minn. Ct. App. 2024
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Christine L. Rathbun v. Fillmore County
Minn. Ct. App. 2024
Conlin, d at 400; (noting that statutory immunity is narrowly construed because it is an exception to the general rule of governmental liability).
- Joel Wells v. Rick E. Mattox Minn. Ct. App. 2016
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Joel Wells v. Rick E. Mattox
Minn. Ct. App. 2016
Under the common law, a party generally owes no duty to warn or protect another person who may be injured by a third party unless the “defendant stands in some special relationship to either the person whose conduct needs to be controlled or to the foreseeable victim of that conduct.” n.7 (Minn. 1982).
- Delmer v. Fladwood v. City of St. Paul Minn. Ct. App. 2016
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Delmer v. Fladwood v. City of St. Paul
Minn. Ct. App. 2016
The doctrine “must be narrowly construed in light of the fact that it is an exception to the general rule of governmental liability.” (quotations omitted).
- Jessica Mattson v. City of Rushford, Minnowa Construction, Inc., State of Minnesota Department of Transportation, Edwards and Kelcey, … Minn. Ct. App. 2016
- Jessica Mattson v. City of Rushford, Minnowa Construction, Inc., State of Minnesota Department of Transportation, Edwards and Kelcey, … Minn. Ct. App. 2016
- Melinda M. Binkley, Trustee on behalf of the heirs and next of kin of Kirk T. Lloyd, II … 877 N.W.2d 547 Minn. 2016
- Melinda M. Binkley, Trustee on behalf of the heirs and next of kin of Kirk T. Lloyd, II … 877 N.W.2d 547 Minn. 2016
- Domagala v. Rolland 805 N.W.2d 14 Minn. 2011
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Domagala v. Rolland
805 N.W.2d 14
Minn. 2011
1 See, , 25 n. 7 (Minn.1982) (“[W]hen we speak of a duty to warn we speak in terms of having first found the requisite special relationship to exist.”).
- Schroeder v. St. Louis County 708 N.W.2d 497 Minn. 2006
- Molloy v. Meier 679 N.W.2d 711 Minn. 2004
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Molloy v. Meier
679 N.W.2d 711
Minn. 2004
-29 (Minn.1984) (psychiatrist owed duty to third party where patient threatens foreseeable harm to that party and psychiatrist has the ability to control the risk of harm); , 25 n. 7, 26 (Minn.1982) (treatment facility may owe duty to warn identifiable third parties of violent propensities of a mentally disabled youth whom it released if that youth poses a specific threat to those parties).
- City of Red Wing v. Ellsworth Community School District 617 N.W.2d 602 Minn. Ct. App. 2000
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City of Red Wing v. Ellsworth Community School District
617 N.W.2d 602
Minn. Ct. App. 2000
See Nelson, d at 641 (municipality’s tort immunity not waived when employee purchased private liability insurance); -27 (Minn.1982) (purchase of professional liability insurance by state employee did not constitute waiver of immunity).
- S.W. v. Spring Lake Park School District No. 16 580 N.W.2d 19 Minn. 1998
- S.W. v. Spring Lake Park School District No. 16 580 N.W.2d 19 Minn. 1998
- Gerber v. Neveaux 578 N.W.2d 399 Minn. Ct. App. 1998
- Gerber v. Neveaux 578 N.W.2d 399 Minn. Ct. App. 1998
- Angell v. Hennepin County Regional Rail Authority 578 N.W.2d 343 Minn. 1998
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Angell v. Hennepin County Regional Rail Authority
578 N.W.2d 343
Minn. 1998
The analysis may involve some difficulty because “almost every act involves some measure of discretion, and yet undoubtedly not every act of government is entitled to [statutory] immunity.”
- Angell v. Hennepin County 565 N.W.2d 475 Minn. Ct. App. 1997
- Angell v. Hennepin County 565 N.W.2d 475 Minn. Ct. App. 1997
- Gleason v. Metropolitan Council Transit Operations 563 N.W.2d 309 Minn. Ct. App. 1997
- Gleason v. Metropolitan Council Transit Operations 563 N.W.2d 309 Minn. Ct. App. 1997
- Norton v. County of Le Sueur 565 N.W.2d 447 Minn. Ct. App. 1997
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Norton v. County of Le Sueur
565 N.W.2d 447
Minn. Ct. App. 1997
46^47 (Minn.1996); -24 (Minn.1982) (decision to release dangerous youth protected because decision implicated various policy considerations); -72 (Minn.1978) (decision by members of parole board to medically parole mentally ill prisoner, who then raped a woman, was protected because it requir
- Terwilliger v. Hennepin County 561 N.W.2d 909 Minn. 1997
- Terwilliger v. Hennepin County 561 N.W.2d 909 Minn. 1997
- Watson v. Metropolitan Transit Commission 553 N.W.2d 406 Minn. 1996
- Johnson v. State 553 N.W.2d 40 Minn. 1996
- Janklow v. Minnesota Board of Examiners for Nursing Home Administrators 552 N.W.2d 711 Minn. 1996
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Janklow v. Minnesota Board of Examiners for Nursing Home Administrators
552 N.W.2d 711
Minn. 1996
While certainly “almost every act involves some measure of discretion, * * * not every act of government is entitled to discretionary [e.g., statutory] immunity.” *717 Nusbaum, d at 719 ().
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Watson v. Metropolitan Transit Commission
553 N.W.2d 406
Minn. 1996
Planning level conduct includes: decisions regarding deployment of police forces, Silver v. City of Minneapolis, 284 Minn. 266 , *413 271, a decision to release a mentally retarded youth from a state institution for a holiday home visit, and a decision to place certain warning signs only on county roads and recognized rights-of-way, Steinke, d at 176 .
- Johnson v. State 553 N.W.2d 40 Minn. 1996
- Terwilliger v. Hennepin County 542 N.W.2d 675 Minn. Ct. App. 1996
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Terwilliger v. Hennepin County
542 N.W.2d 675
Minn. Ct. App. 1996
In support of his decision, in which a juvenile with a proclivity to set fires, while on leave from a state treatment facility, set fire to an apartment building, killing one person and seriously injuring another.
- Vrieze v. New Century Homes, Inc. 542 N.W.2d 62 Minn. Ct. App. 1996
- Vrieze v. New Century Homes, Inc. 542 N.W.2d 62 Minn. Ct. App. 1996
- Johnson v. State 536 N.W.2d 328 Minn. Ct. App. 1995
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Johnson v. State
536 N.W.2d 328
Minn. Ct. App. 1995
at 55 ; , 23 n. 1 (Minn.1982) (distinguishing discretionary decision to release from the negligent implementation of that decision) ().
- HB BY AND THROUGH CLARKE v. Whittemore 533 N.W.2d 887 Minn. Ct. App. 1995
- H.B. ex rel. Clarke v. Whittemore 533 N.W.2d 887 Minn. Ct. App. 1995
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HB BY AND THROUGH CLARKE v. Whittemore
533 N.W.2d 887
Minn. Ct. App. 1995
25 n. 7 (Minn.1982); see also Restatement (Second) of Torts § 314 (no duty to take action to aid or protect others).