Cited by
Opinions in Minnesota that cite Bjerke v. Johnson, 742 N.W.2d 660.
-
Josh Campion, et al v. National Collegiate Athletics Association, The Big Ten Conference, Inc., The University of Minnesota
Minn. Ct. App. 2026
Doe 169 v. Brandon, (stating that existence of duty is generally question of law reviewed de novo); Germann v. F.L.
-
Doe A.S. v. St. John the Evangelist Episcopal, St. Paul, Episcopal Church in Minnesota
Minn. Ct. App. 2026
at 205-07; d 660, 667 (Minn. 2007) .
-
State of Minnesota v. Joseph William Finfrock
Minn. Ct. App. 2026
1a(1); (“The preclusion of consent as a 8 defense to statutory rape reflects the feeling of society in general that sexual contact by adults with children under 16 is reprehensible whether or not the child consents, because at that age, the child should be deemed incapable of consenting.”), aff’d
-
Rick Stevens v. State Bank of Bellingham
Minn. Ct. App. 2025
(stating that this court reviews denial of motion to amend a complaint to add claim for punitive damages for an abuse of discretion), aff’d
-
Regina Gower v. City of Edina
Minn. Ct. App. 2025
To succeed on her negligence claim, Gower must show “(1) [the] existence of a duty of care; (2) breach of that duty; (3) proximate causation; and (4) injury.”
-
Karen Marie Firman v. Town & Country Campground Inc., et al
Minn. Ct. App. 2025
To succeed on her negligence claim, appellant must show “(1) [the] existence of a duty of care; (2) breach of that duty; (3) proximate causation; and (4) injury.” .
-
Mary Engel, as Trustee of the Blackwood Trust, et al. (A23-1964) (A24-0715) v. Vicky Jo Ulvestad, et al. …
Minn. Ct. App. 2024
The Ulvestads filed their 16 Appellate courts “review an order denying a motion to amend a complaint [to add punitive damages] for abuse of discretion.” aff’d
-
Industrial Equities - River Road, LLC v. Curtis 1000, Inc, Industrial Equities, LLP (A24-0424), Industrial Equities - River …
Minn. Ct. App. 2024
d 660, 664 (Minn. 2007).
-
Severin M. Chmielewski, et al v. State Farm Fire and Casualty Company, a foreign corporation, Twisted Knot Log …
Minn. Ct. App. 2024
To succeed on its negligence claim, respondents needed to show “(1) [the] existence of a duty of care; (2) breach of that duty; (3) proximate causation; and (4) injury.”
-
Jane Doe v. Special School District No. 6, South St. Paul Public Schools, ABC School District, et al
Minn. Ct. App. 2023
But a duty to protect will be imposed if “(1) there is a special relationship between the parties and (2) the risk is foreseeable.”
-
Gene Stengel v. Casey’s Retail Company d/b/a Casey’s General Stores, Inc.
Minn. Ct. App. 2023
“The basic elements of a negligence claim are: (1) existence of a duty of care; (2) breach of that duty; (3) proximate causation ; and (4) injury.” , 664 (Minn. 2007).
- Ridgewood Bay Resort, Inc. v. Auto-Owners Insurance Company Minn. Ct. App. 2022
-
Jenny Pachicano v. Julie Ward
Minn. Ct. App. 2022
“[W]hen the issue of foreseeability is clear, the court, as a matter of law, should decide it, but in close cases, the issue of foreseeability is for the jury.” Senogles, d at 43; see also Montemayor, d at 629; & n.3 (Minn. 2011); Bjerke v. Johnson , -68 (Minn. 2007); Ill.
-
Freedom Kerkula v. City of Moorhead, et al., Minnesota Department of Natural Resources
Minn. Ct. App. 2021
The special -relationship doctrine concerns the circumstances in which a duty to protect arises, but has no bearing upon the application of immunity at issue here.
- Penelope Isleman, et al v. Public Storage Minn. Ct. App. 2020
-
Meagan Abel,
Minn. 2020
d 660, 664 (Minn. 2007).
- State of Minnesota, by its Commissioner of Transportation, Minn. 2020
-
State of Minnesota v. Deandre Marquey Birgans
Minn. Ct. App. 2020
f consent as a defense to statutory rape ‘reflects the feeling of society in general that sexual contact by adults with children under 16 i s reprehensible whether or not the child consents, because at that age, the child should be deemed incapable of consenting.’” (), aff’d
-
Town of White Bear v. Scott Stoddard, et al., County of Ramsey, et al. Below
Minn. Ct. App. 2020
(applying de novo standard of review to district court’s interpretation of the law); (applying de novo standard of review when determining constitutionality of a statute).
-
Michelle Friesen v. VFW Post 2793, Jesse F. Lunak, et al
Minn. Ct. App. 2020
See Bjerke v. Johnson , (requiring a court to view facts in the light most favorable to non-moving party for summary judgment).
- William A. McClendon v. Thomas Roy, et al Minn. Ct. App. 2019
-
Ashen S. Diehl v. 3M Company
Minn. Ct. App. 2019
2d at 22; Bjerke v. Johnson , d 660, 664 (Minn. 2007)).
-
Criticized
Shamrock Sod & Landscaping, Inc., et al v. Security State Bank of Fergus Falls, John Leonard Blume, Paul …
Minn. Ct. App. 2019
d 183, 196 (Minn. App. 2007), aff’d
- Henson v. Uptown Drink, LLC 922 N.W.2d 185 Minn. 2019
- Soderberg v. Anderson 922 N.W.2d 200 Minn. 2019
-
Henson v. Uptown Drink, LLC
922 N.W.2d 185
Minn. 2019
" Bjerke v. Johnson , , 669 (Minn. 2007) (quoting Olson v. Hansen , 299 Minn. 39 , , 127 (1974) ).
-
Soderberg v. Anderson
922 N.W.2d 200
Minn. 2019
" Bjerke v. Johnson , , 669 (Minn. 2007) (quoting Olson v. Hansen , 299 Minn. 39 , , 127 (1974) ); see Armstrong v. Mailand , , 351 (Minn. 1979) (noting that the application of primary assumption of risk "is dependent upon the plaintiff's manifestation of consent, express or implied, to relieve the defendant o
-
Patrick Takuanyi v. Jorge Zepeda Gonzalez, Mobil Auto Rescue & Repair, LLC
Minn. Ct. App. 2019
On appeal from a grant of summary judgment, we review de novo: “(1) whether there exists a genuine issue of material fact; and (2) whether the district court erred in its application of the law.” Bjerke v. Johnson
- In re 3M Bair Hugger Litig. 924 N.W.2d 16 Minn. Ct. App. 2019
-
In re 3M Bair Hugger Litig.
924 N.W.2d 16
Minn. Ct. App. 2019
Bjerke v. Johnson , , 196 (Minn. App. 2007), aff'd ; see also M.H.
-
Carney Lien v. Casper Construction, Inc., et al., Veit & Company, Inc.
Minn. Ct. App. 2019
(stating that “[t]he district court’s decision to deny a motion to add a claim for punitive damages is reviewed for an a buse of discretion.”); aff’d
- Fenrich v. Blake Sch. 920 N.W.2d 195 Minn. 2018
-
Fenrich v. Blake Sch.
920 N.W.2d 195
Minn. 2018
Domagala , d at 27 ; see also Senogles , d at 48 ; Montemayor , d at 629 ; Bjerke v. Johnson , , 667-68 (Minn. 2007).
-
John Doe 121 v. Diocese of Winona, St. Mary's Catholic Church
Minn. Ct. App. 2018
True, a special relat ionship also may exist when “an individual, whether voluntarily or as required by law, has custody of another person under circumstances in which that other person is deprived of normal opportunities of self-protection.” Bjerke v. Johnson , (internal quotation marks omitted).
-
Premium Plant Services, Inc. v. Farm Bureau Property & Casualty Insurance Company d/b/a Farm Bureau Financial Services, Todd …
Minn. Ct. App. 2018
On appeal from a grant of summary judgme nt, we review de novo: “(1) whether there exists a genuine issue of material fact; and (2) whether th e district court erred in its application of the law.” Bjerke v. Johnson
-
A17-2081, A18-0015 John Doe 125 (A17-2078), John Doe 126, et al. (A17-2081), John Doe 123, et al. (A18-0015) …
Minn. Ct. App. 2018
However, a p erson may have a duty to protect another from harm caused by a third party if “(1) there is a special relationship between the parties; and (2) the risk is foreseeable.”
- Jennifer Smith, individually and as parent and natural guardian of Zoeie Meister, a minor v. Patricia J. Holloman, … Minn. Ct. App. 2018
- State v. Madden 910 N.W.2d 744 Minn. Ct. App. 2018
-
State v. Madden
910 N.W.2d 744
Minn. Ct. App. 2018
"[S]exual abuse of a child under the age of 16-a crime often referred to as statutory rape[,]" Bjerke v. Johnson , , 193 (Minn. App. 2007), aff'd , "reflects the feeling of society in general that sexual contact by adults with children under 16 is reprehensible whether or not the child consents, because at that age, the child should be deemed incapable of giving consent."
- John S. Drewitz v. Motorwerks, Inc., et al., R. Jack Walser Minn. Ct. App. 2017
- Senogles v. Carlson 902 N.W.2d 38 Minn. 2017
-
Senogles v. Carlson
902 N.W.2d 38
Minn. 2017
Montemayor v. Se-bright Prods., Inc., , 27 n.3 (Minn. 2011); -68 (Minn. 2007) (citing Whiteford, d at 918 ); III.
- Montemayor v. Sebright Products, Inc. 898 N.W.2d 623 Minn. 2017
-
Montemayor v. Sebright Products, Inc.
898 N.W.2d 623
Minn. 2017
Further, “[w]hen the issue of foreseeability is clear, the courts, as a matter of law, should decide it,” but “[ijn close cases, the question of foreseeability is for the jury.” Whiteford, d at 918 ; see also Domagala, d at 27 n.3; -68 (Minn. 2007)
- Pamela Ristau, on behalf of her minor child Mitch Ristau and Mitch Ristau, individually v. Roger Ristau, et … Minn. Ct. App. 2017
- Laila Jama v. Mayo Clinic, and J. Does 1-10, Mayo Clinic Employees, Whose true legal names are presently … Minn. Ct. App. 2017
- Charlotte Nelson v. Townhomes at Water’s Edge, Inc., Prairie Property Management of Fargo-Moorhead, Inc., Pro Landscapers, L.L.C., Ian … Minn. Ct. App. 2017
-
J.K., a minor, by and through K. Kimball, as parent and natural guardian v. New Horizon Kids Quest, …
Minn. Ct. App. 2017
ow deliberate disregard necessary for a punitive damages claim); Bjerke v. Johnson , (affirming denial of a motion to add a claim for punitive damages when plaintiff’s affidavits showed “evidence of negligence sufficient for consideration by a jury, but not of deliberate disregard” by the defendant), affirmed in part, reversed in part on other grounds , LeDoux v. Northwest 12 Publ’g, Inc., (affirming denial of a motion to amend pleadings to add a claim of punitive damages because, although a new
-
John Doe 101, et al v. Matthew Feeney, et al., Walden Entertainment a/k/a Samaritan Casting, LLC, Werc Werk …
Minn. Ct. App. 2017
This is true even when the person “realizes or should realize that action on her part is necessary for another’s aid or protection.” (quotation omitted).
- Jodi L. Toedter, Trustee for the Heirs and Next of Kin of Susan Ann Gray v. Winona County, … Minn. Ct. App. 2017