Cited by
Opinions in Minnesota that cite In re Disciplinary Action Against Romer, 805 N.W.2d 14.
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Brett Cournoyer, Appellant,
Minn. Ct. App. 2026
“Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).
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Joe Schafer, et al., as Parents and Natural Guardians of Minor W.S., Appellants,
Minn. Ct. App. 2026
from the harm that occurred.2 “Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).
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Doe A.S., Appellant,
Minn. Ct. App. 2026
The second 8 is when “the defendant’s own conduct creates a foreseeable risk of injury to a foreseeable plaintiff.”
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PASCP Inc., Relator, Commissioner of Revenue
Minn. 2026
Negligence is an objective standard and “is generally defined as the failure to exercise such care as persons 10 of ordinary prudence usually exercise under such circumstances.” 5 see also Black’s Law Dictionary (12th ed. 2024) 1241 (defining “negligence” as “[t]he failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation”).
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Susan Neegard, Appellant,
Minn. Ct. App. 2026
A. Negligence “Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” Domagala v. Rolland , (quotation omitted).
- Erica Robinson, Appellant, Minn. Ct. App. 2026
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Han Zhong v. Nicholas Dudero, Stieg Strand
Minn. Ct. App. 2026
See Greuling, d at 760 (stating that for a negligent misrepresentation claim, justifiable reliance is typically a fact question for a jury, and only “becomes a question of law if there is no evidence supporting a contrary conclusion”); (stating that in negligence actions “[w]hether a defendant’s chosen course of action satisfies the duty of reasonable care is a question for the jury”).
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Kaylen Stiever v. Lake County
Minn. Ct. App. 2026
“Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).
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Classic Auto Storage, LLC v. Restoration Technologies, Inc
Minn. Ct. App. 2026
I. The elements of a negligence claim are “(1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) that the breach of the duty of care was a proximate cause of the injury.”
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Jewel Eskew v. Darrell Luhmann
Minn. Ct. App. 2026
“Foreseeability of injury is a threshold issue related to duty that is ordinarily properly decided by the court prior to submitting the case to the jury.” (quotation omitted).
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Alvin Glay, trustee for the next of kin of Unity McGill, Respondent/Cross-Appellant v. R.C. of St. Cloud, Inc., …
Minn. 2026
See Montemayor v. Sebright Prods., Inc.
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Daniel Francis Link, Appellant,
Minn. Ct. App. 2025
I We first address the threshold question of whether Hidde owed JD a duty under the common law, as a negligence claim requires “the existence of a duty of care.”
- JHP 2309 Lyndale, LLC, Appellant, Minn. Ct. App. 2025
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Charles Andrew Herold, Appellant,
Minn. Ct. App. 2025
“Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).
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Karen Marie Firman, Appellant,
Minn. Ct. App. 2025
-29 (Minn. 2011) (stating that whether a defendant ’s action satisfies a duty of care is a jury question).
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Benjamin Unke, et al., Appellants,
Minn. Ct. App. 2024
“Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).
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A24-0425
Minn. Ct. App. 2024
Whether a defendant owes a duty to a plaintiff is a threshold question and “in the absence of a legal duty, the negligence claim fails.” (quotation omitted).
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Justin Bolton, Appellant,
Minn. Ct. App. 2024
(noting that d uty and breach are both essential elements of a negligence claim ).
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SECURA Insurance Company, as subrogee of Lance Goettl d/b/a TLG Farm Partnership v. Deere & Company, ...
Minn. Ct. App. 2024
“To recover for a claim of negligence, a plaintiff must prove (1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) that the breach of the duty of care was a proximate cause of the injury.”
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Judith Rygwall, as Trustee for the Heirs and Next of Kin of Amy Rygwall v. ACR Homes, Inc. …
6 N.W.3d 416
Minn. 2024
(medical malpractice), (ordinary negligence).
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A23-0484 Andrea Anderson v. Aitkin Pharmacy Services, LLC dba Thrifty White Pharmacy, George ...
Minn. Ct. App. 2024
“A jury instruction is erroneous if, when read as a whole, the instruction materially misstates the law, or is apt to confuse and mislead the jury.” (quotation and citations omitted).
- Pedro Alonzo, et al., Appellants, Minn. Ct. App. 2023
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Acuity, A Mutual Insurance Company, Respondent,
Minn. Ct. App. 2023
“Generally, a defendant’s duty to a plaintiff is a threshold question because in t he absence of a legal duty, the negligence claim fails.” d 14, 22 (Minn. 2011) (quotation omitted).
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A22-0724
Minn. Ct. App. 2023
To obtain a new trial based on erroneous jury instructions, the appellant must establish, first, that “when read as a whole, the 22 instruction materially misstates the law,” and second, that the error “had a reasonable likelihood of affecting the jury’s verdict,” Poppler v. Wright Hennepin Coop.
- Brian Vitek as Trustee for the next-of-kin of Patric Vitek, deceased, Respondent, Minn. Ct. App. 2023
- Ann Massert, Respondent, Minn. Ct. App. 2023
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In Re: Henry Hickman, Appellant,
Minn. Ct. App. 2023
An individual acts with reasonable care if they “exercise the degree of care which a reasonably prudent person would exercise under the same or similar circumstances.” (quotation omitted).
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Gene Stengel, Appellant,
Minn. Ct. App. 2023
“Generally, a defendant’s duty to a plaintiff is a threshold question because in the absence of a legal duty, the negligence claim fails.” (quotation omitted).
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James David Stemm d/b/a Principle Personnel Group, plaintiff, Appellant,
Minn. Ct. App. 2022
This court must consider jury instructions as a whole and review them “to determine whether they misstate or confuse a principle of law applicable to the case.” (quotation omitted), aff’d
- Court of Appeals Hudson, J. Dissenting as to Part I, Anderson, J., David Smits, as Trustee for the … Minn. 2022
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Troy David Mack, Appellant,
Minn. Ct. App. 2022
at 202 (d 14, 23 (Minn. 2011)).
- Suzanne Krupp, Appellant, Minn. Ct. App. 2022
- Brandon Grim, Appellant, Minn. Ct. App. 2022
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Jenny Pachicano, Appellant,
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.
- LeAnn Wilbourn, Appellant, Minn. Ct. App. 2021
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Michael Nassif, Appellant,
Minn. Ct. App. 2021
“A jury instruction is erroneous if, when read as a whole, the instruction materially misstates the law, or is apt to confuse and mislead the jury .” (citation and quotation omitted) .
- Village Homes of Grandview Square II Association, Respondent, Minn. Ct. App. 2020
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Meagan Abel,
Minn. 2020
Another occurs “when the defendant’s own conduct creates a foreseeable risk of injury to a foreseeable plaintiff.”
- Mary Ellen Spinler, et al., Appellants, Minn. Ct. App. 2020
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Ryan Larson,
Minn. 2020
A new trial is required, however, if an erroneous instruction “destroys the substantial correctness of the charge as a whole, causes a miscarriage of justice, or results in substantial prejudice.” Domagala v. Rolland
- Thumper Pond Resort, LLC d/b/a Thumper Pond Resort, Appellant, Minn. Ct. App. 2019
- Andrew Geist, individually and as parent and natural guardian of minor, T.G., Appellant, Minn. Ct. App. 2019
- William A. McClendon, Appellant, Minn. Ct. App. 2019
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SRRT Properties, LP, Respondent,
Minn. Ct. App. 2019
A defendant owes “a general duty of reasonable care when the defendant’s own conduct creates a foreseeable risk of injury to a foreseeable plaintiff.” (emphasis added).
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Meagan Abel, Appellant, vs. Abbott Northwestern Hospital, et al., Respondents, St. Mary's University Minnesota, Respondent.
Minn. Ct. App. 2019
“Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).
- Cory L. Hendricksen, as Trustee for the Heirs and Next of Kin of Ashton Hendricksen, decedent, Appellant, Minn. Ct. App. 2019
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Ashen S. Diehl, Appellant,
Minn. Ct. App. 2019
When negligence is the basis for liability, “a plaintiff must prove (1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) that the breach of the duty of care was a proximate cause of the injury.”
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Maethner v. Someplace Safe, Inc.
929 N.W.2d 868
Minn. 2019
See Domagala v. Rolland , , 28-29 (Minn. 2011) ("Whether a defendant's chosen course of action satisfies the duty of reasonable care is a question for the jury."); see also Canada ex rel.
- Lynn Baker Handelman-Seigel, Appellant, Minn. Ct. App. 2019
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Warren v. Dinter
926 N.W.2d 370
Minn. 2019
Domagala v. Rolland , , 27 (Minn. 2011) ; see also Fenrich , d at 205 ; Senogles , d at 48 ; Montemayor , d at 629 ; Foss , d at 322-23 ; Whiteford , d at 918 .