Cited by
Opinions in Minnesota that cite Louis v. Louis, 636 N.W.2d 314.
- Jennifer Odegaard, Appellant, Minn. Ct. App. 2026
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Doe A.S., Appellant,
Minn. Ct. App. 2026
“A defendant in a negligence action is entitled to summary judgment when the record reflects a complete lack of proof on any of the four elements necessary for recovery: (1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) the breach of that duty being the proximate cause of the injury.”
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Doran MGC I, LLC, Appellant,
Minn. Ct. App. 2026
That means we consider “whether there are any genuine issues of material fact and whether the court erred in its application of the law.”
- Jewel Eskew v. Darrell Luhmann Minn. Ct. App. 2026
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Jewel Eskew v. Darrell Luhmann
Minn. Ct. App. 2026
That means we consider “whether there are any genuine issues of material fact and whether the court erred in its application of the law.” (Minn. 2 Because the loss-of-consortium claim is derivative of the negligence claim, we focus our analysis on the negligence claim.
- Jacob Pries, Appellant, Minn. Ct. App. 2025
- Regina Gower, Appellant, Minn. Ct. App. 2025
- Michael Walker, Appellant, Minn. Ct. App. 2024
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Travis J Maahs, a Minnesota resident, Appellant,
Minn. Ct. App. 2024
(stating that a risk of harm is obvious if the dangerous condition and risk are apparent and recognizable to a reasonable person exercising ordinary perception, intelligence, and judgment).
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Ana Thompson, Appellant,
Minn. Ct. App. 2023
ner “has a continuing duty to use reasonable care for the safety of all entrants,” but this duty is not without exception; indeed, a landowner “is not liable to his invitee for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the [landowner] should anticipate the harm despite such knowledge or obviousness.” (quoting Restatement (Second) of Torts § 343A (1965)).
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Pedro Alonzo, et al., Appellants,
Minn. Ct. App. 2023
A plaintiff in a negligence action must establish four elements: “(1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) the breach of that duty being the proximate cause of the injury.”
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In Re: Henry Hickman, Appellant,
Minn. Ct. App. 2023
Negligence consists of “four elements necessary for recovery: (1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) the breach of that duty being the proximate cause of the injury.”
- Suzanne Krupp, Appellant, Minn. Ct. App. 2022
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Mark D. Island, et al., Appellants,
Minn. Ct. App. 2022
d 314, 318 (Minn. 2001).
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Jenny Pachicano, Appellant,
Minn. Ct. App. 2022
d 314, 318 (Minn. 2001).
- LeAnn Wilbourn, Appellant, Minn. Ct. App. 2021
- Paul Boyum, Appellant, Minn. Ct. App. 2021
- Trevor Johnson, Appellant, Minn. Ct. App. 2021
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Mary Ellen Spinler, et al., Appellants,
Minn. Ct. App. 2020
9 the injured party actually saw the danger, but whether it was in fact visible.”
- Ransford Frimpong, Appellant, Minn. Ct. App. 2020
- Cory L. Hendricksen, as Trustee for the Heirs and Next of Kin of Ashton Hendricksen, decedent, Appellant, Minn. Ct. App. 2019
- Wise v. Stonebridge Cmtys., LLC 927 N.W.2d 772 Minn. Ct. App. 2019
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Wise v. Stonebridge Cmtys., LLC
927 N.W.2d 772
Minn. Ct. App. 2019
Louis v. Louis , , 321 (Minn. 2001).
- Fenrich v. Blake Sch. 920 N.W.2d 195 Minn. 2018
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Fenrich v. Blake Sch.
920 N.W.2d 195
Minn. 2018
Louis v. Louis , , 318 (Minn. 2001).
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East View Information Services, Inc., Appellant,
Minn. Ct. App. 2018
The elements of negligence are: “(1) the existence of a duty of care; (2) a breach of that duty; (3) an inju ry; and (4) the breach of the duty being the proximate cause of the injury.”
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Ahmed Said, Appellant,
Minn. Ct. App. 2018
D E C I S I O N Appellate courts “review a district court’s grant of summary judgment to determine whether there are any genuine issues of material fact and whether the court erred in its application of the law.”
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Jennifer Smith, individually and as parent and natural guardian of Zoeie Meister, a minor, Appellant,
Minn. Ct. App. 2018
at 322; -21 (Minn. 2001) (explaining that duty based on special-relationship theory is separate and distinct from duty based on premises -liability theory, and holding that, where negligence claim is based on premises-liability theory, whether there is a duty owed by landowner does not depend on existence of special
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Said Ahmed Nur, Appellant,
Minn. Ct. App. 2018
“A possessor of land is not liable to [its] invitee for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm desp ite such knowledge or obviousness.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- David Homick, Appellant, Minn. Ct. App. 2018
- Senogles v. Carlson 902 N.W.2d 38 Minn. 2017
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Senogles v. Carlson
902 N.W.2d 38
Minn. 2017
“We review a district court’s grant of summary judgment to determine whether there are any genuine issues of material fact and whether the court erred in its application of the law.”
- Steven Elliot Rousseau, Appellant, Minn. Ct. App. 2017
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Charlotte Nelson, Appellant,
Minn. Ct. App. 2017
To be known or obvious, a danger “must not only be known to exist, but it must also be recognized that it is dangerous.”
- Jodi L. Toedter, Trustee for the Heirs and Next of Kin of Susan Ann Gray v. Winona County, … Minn. Ct. App. 2017
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Jodi L. Toedter, Trustee for the Heirs and Next of Kin of Susan Ann Gray v. Winona County, …
Minn. Ct. App. 2017
“The existence of a legal duty [of care] is an issue for the court to determine as a matter of law.”
- Amanda Joe Carlson Senogles, as parent and guardian of Shungmanitou Washtay Kihega, a minor v. Peter Carlson Minn. Ct. App. 2016
- Amanda Joe Carlson Senogles, as parent and guardian of Shungmanitou Washtay Kihega, a minor v. Peter Carlson Minn. Ct. App. 2016
- Scott B. Lindholm v. Carleton College, and third party v. Metropolitan Mechanical Contractors, third-party Minn. Ct. App. 2016
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Scott B. Lindholm v. Carleton College, and third party v. Metropolitan Mechanical Contractors, third-party
Minn. Ct. App. 2016
The rule that Carleton is not liable for known or obvious dangerous conditions does not apply if Carleton “should have anticipated the harm despite its known or obvious nature.” Minn. (1997); Restatement (Second) of Torts § 343A cmt.
- 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
- Lois St. Aubin v. Caseys Retail Company d/b/a Caseys General Store Minn. Ct. App. 2016
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Lois St. Aubin v. Caseys Retail Company d/b/a Caseys General Store
Minn. Ct. App. 2016
“[A] landowner has a duty to use reasonable care for the safety of all such persons invited upon the premises.” (quotations omitted).
- Sandra Williams v. Canterbury Inn Shakopee, LLC, d/b/a Americas Best Value Inn & Suites, d/b/a Arizonas Restaurant & … Minn. Ct. App. 2015
- Sandra Williams v. Canterbury Inn Shakopee, LLC, d/b/a Americas Best Value Inn & Suites, d/b/a Arizonas Restaurant & … Minn. Ct. App. 2015
- Diseworth at Somerby, a Planned Community v. Western National Mutual Insurance Company Minn. Ct. App. 2015
- Diseworth at Somerby, a Planned Community v. Western National Mutual Insurance Company Minn. Ct. App. 2015
- Kristine Benton v. Tom Hedine Minn. Ct. App. 2015