Cited by

Opinions in Minnesota that cite Marston v. Minneapolis Clinic of Psychiatry & Neurology, Ltd., 329 N.W.2d 306.

45 citing documents.

Lauren Strahan, Appellant, Minn. Ct. App. 2025
An employer may be held liable for “the intentional misconduct of its employees when (1) the source of the harm is related to the duties of the employee and (2) the harm occurs within work-related limits of time and place.” Yath v. Fairview Clinics, N. P., see also Marston v. Minneapolis Clinic of Psychiatry & Neurology, 8 Ltd.
David Loe, Appellant, Minn. Ct. App. 2023
at 910-11 (holding that an expert affidavit stating that sexual abuse in group homes is a “well-known hazard” raised a question of fact about whether the wrongful act was foreseeable); Marston v. Minneapolis Clinic of Psychiatry & Neurology, Ltd., (holding that expert testimony stating that sexual relations between a psychologist and a patient is a “well -known hazard” created a question of fact); L.M.
Kaytee Hooser v. Keith Anderson Minn. Ct. App. 2016
Kaytee Hooser v. Keith Anderson Minn. Ct. App. 2016
Marston v. Minneapolis Clinic of Psychiatry & Neurology, Ltd.
Frieler v. Carlson Marketing Group, Inc. 751 N.W.2d 558 Minn. 2008
Frieler v. Carlson Marketing Group, Inc. 751 N.W.2d 558 Minn. 2008
Fahrendorff, d at 912 (holding that group home operator could be liable for sexual assault of resident by program counselor under respon-deat superior); Marston v. Minneapolis Clinic of Psychiatry & Neurology, Ltd., (holding that clinic could be liable for sexual acts committed by psychologist during therapy sessions under respondeat superior).
Olson v. First Church of Nazarene 661 N.W.2d 254 Minn. Ct. App. 2003
Olson v. First Church of Nazarene 661 N.W.2d 254 Minn. Ct. App. 2003
Marston v. Minneapolis Clinic of Psychiatry & Neurology
L.M. Ex Rel. S. v. Karlson 646 N.W.2d 537 Minn. Ct. App. 2002
L.M. Ex Rel. S. v. Karlson 646 N.W.2d 537 Minn. Ct. App. 2002
Hagen v. Burmeister & Associates, Inc. 633 N.W.2d 497 Minn. 2001
Hagen v. Burmeister & Associates, Inc. 633 N.W.2d 497 Minn. 2001
Hagen v. American Agency, Inc. 617 N.W.2d 799 Minn. Ct. App. 2000
Hagen v. American Agency, Inc. 617 N.W.2d 799 Minn. Ct. App. 2000
See, e.g., Fahrendorff, d at 908 (sexual assault by an unsupervised employee in a group home); Lange , 297 Minn, at 400, d at 783 (physical attack); (sexual contact).
Fahrendorff Ex Rel. Fahrendorff v. North Homes, Inc. 597 N.W.2d 905 Minn. 1999
Fahrendorff Ex Rel. Fahrendorff v. North Homes, Inc. 597 N.W.2d 905 Minn. 1999
where we held that “the employee’s motivation should not be a consideration for imposition of vicarious liability.” Id.
Baker v. Ploetz 597 N.W.2d 347 Minn. Ct. App. 1999
Baker v. Ploetz 597 N.W.2d 347 Minn. Ct. App. 1999
Marston v. Minneapolis Clinic of Psychiatry & Neurology, Ltd.
Hentges v. Thomford 569 N.W.2d 424 Minn. Ct. App. 1997
Hentges v. Thomford 569 N.W.2d 424 Minn. Ct. App. 1997
Boland v. Morrill, 270 Minn. 86, 96 , But when the evidence in the record is conclusive on all of the necessary elements or there is an absence of evidence to support a necessary element, no fact issue is presented for the jury and the scope of employment is determined as
P.L. v. Aubert 545 N.W.2d 666 Minn. 1996
P.L. v. Aubert 545 N.W.2d 666 Minn. 1996
In Marston v. Minneapolis Clinic of Psychiatry and Neurology, Ltd., we- affirmed the two-prong test established ten years earlier in Lange v. National Biscuit Company, 297 Minn. 399 , that in order for liability to lie with the employer, “the source of the attack [must be] related to the duties of the employee and * * * [occur] within work related l
Oslin v. State 543 N.W.2d 408 Minn. Ct. App. 1996
Oslin v. State 543 N.W.2d 408 Minn. Ct. App. 1996
M.L. v. Magnuson 531 N.W.2d 849 Minn. Ct. App. 1995
M.L. v. Magnuson 531 N.W.2d 849 Minn. Ct. App. 1995
See Marston v. Minneapolis Clinic of Psychiatry & Neurology, Oelschlager, d at 902-03 .
P.L. v. Aubert 527 N.W.2d 142 Minn. Ct. App. 1995
P.L. v. Aubert 527 N.W.2d 142 Minn. Ct. App. 1995
To determine whether the school district can be held vicariously liable
Oelschlager v. Magnuson 528 N.W.2d 895 Minn. Ct. App. 1995
Oelschlager v. Magnuson 528 N.W.2d 895 Minn. Ct. App. 1995
The supreme court in Marston v. Minneapolis Clinic of Psychiatry & Neurology, established that where the employee commits an intentional tort, as opposed to mere negligence, the employee need not be motivated by a desire to further the employer’s business for the act to be within the scope of employment.
Yunker v. Honeywell, Inc. 496 N.W.2d 419 Minn. Ct. App. 1993
Yunker v. Honeywell, Inc. 496 N.W.2d 419 Minn. Ct. App. 1993
See Marston v. Minneapolis Clinic of Psychiatry & Neurology, Ltd.
Semrad v. Edina Realty, Inc. 493 N.W.2d 528 Minn. 1992
Semrad v. Edina Realty, Inc. 470 N.W.2d 135 Minn. Ct. App. 1991
Semrad v. Edina Realty, Inc. 470 N.W.2d 135 Minn. Ct. App. 1991
See Marston v. Minneapolis Clinic of Psychiatry & Neurology, Ltd., (as modified on denial of rehearing, Minn. Feb.
Opatz v. John G. Kinnard and Co., Inc. 454 N.W.2d 471 Minn. Ct. App. 1990
Opatz v. John G. Kinnard and Co., Inc. 454 N.W.2d 471 Minn. Ct. App. 1990
See Marston v. Minneapolis Clinic of Psychiatry & Neurology, (vicarious liability for intentional tort not dependent upon motive); see also Restatement (Second) of Agency § 262 (1958) (principal’s liability when agent acts for own purposes).
Wirig v. Kinney Shoe Corp. 448 N.W.2d 526 Minn. Ct. App. 1990
Wirig v. Kinney Shoe Corp. 448 N.W.2d 526 Minn. Ct. App. 1990
Kohoutek v. Hafner 366 N.W.2d 633 Minn. Ct. App. 1985
Kohoutek v. Hafner 366 N.W.2d 633 Minn. Ct. App. 1985
Marston v. Minneapolis Clinic of Psychiatry and Neurology, Ltd.
Sieren v. American Family Financial Services of Wisconsin, Inc. 356 N.W.2d 408 Minn. Ct. App. 1984
Sieren v. American Family Financial Services of Wisconsin, Inc. 356 N.W.2d 408 Minn. Ct. App. 1984
Marston v. Minneapolis Clinic of Psychiatry & Neurology, Ltd., states: The general rule is that “[wjhether punitive * * * damages are appropriate * * * is within the discretion of the jury.
State v. Christy Pontiac-GMC, Inc. 354 N.W.2d 17 Minn. 1984
State v. Christy Pontiac-GMC, Inc. 354 N.W.2d 17 Minn. 1984
(civil vicarious liability).