Cited by

Opinions in Minnesota that cite Johnson v. State, 478 N.W.2d 769.

36 citing documents.

Freedom Kerkula, as Trustee for the Next of Kin of Grace Elizabeth Bettie, Appellant, Minn. Ct. App. 2023
A condition is not concealed if a “brief inspection would have revealed the condition.” rev. denied (Minn. Feb.
Lineth Arrocha, et al., Appellants, Minn. Ct. App. 2021
Johnson v. State , review denied (Minn. Feb.
Wade S. Nukala, Appellant, Minn. Ct. App. 2021
Otherwise, any artificial condition ‘could be’ likely to cause death or serious bodily harm under the right circumstances.” review denied (Minn. Feb.
Mary Ellen Spinler, et al., Appellants, Minn. Ct. App. 2020
review denied (Minn. Feb.
James Ariola, as next of kin of, and trustee for, the Estate of Jack Ariola Erenberg, his son, … 889 N.W.2d 340 Minn. Ct. App. 2017
James Ariola, as next of kin of, and trustee for, the Estate of Jack Ariola Erenberg, his son, … 889 N.W.2d 340 Minn. Ct. App. 2017
In Johnson v. State, this court explained that conditions that are likely to cause death or serious bodily harm under the trespasser exception “generally have inherently dangerous propensities, such as a high voltage electrical wire.” review denied (Minn. Feb.
Jesse James O�Brien v. City of Mentor Minn. Ct. App. 2017
Jesse James O�Brien v. City of Mentor Minn. Ct. App. 2017
(citation omitted) (holding that the remote possibility that death or serious bodily harm could result when a person falls does not make a raised sidewalk joint rise to the level of an inherently dangerous condition), review denied (Minn. Feb.
Simon McCullough v. City of Red Wing Minn. Ct. App. 2016
Simon McCullough v. City of Red Wing Minn. Ct. App. 2016
review denied (Minn. Feb.
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
“When a brief inspection would have revealed the 20 condition, it is not concealed.” review denied (Minn. Feb.
Katie Kaloustian v. Dakota Fence Co., Landscape Structures, Inc., Independent School District No. 152 of Clay County, and … Minn. Ct. App. 2015
Katie Kaloustian v. Dakota Fence Co., Landscape Structures, Inc., Independent School District No. 152 of Clay County, and … Minn. Ct. App. 2015
We recognize that “any artificial condition ‘could be’ likely to cause death or serious bodily harm under the right circumstances.” review denied (Minn. Feb.
Krieger v. City of St. Paul 762 N.W.2d 274 Minn. Ct. App. 2009
Krieger v. City of St. Paul 762 N.W.2d 274 Minn. Ct. App. 2009
This court concluded in Johnson v. State that a raised joint in a sidewalk was not a condition likely to cause death or serious bodily harm, review denied (Minn. Feb.
Unzen v. City of Duluth 683 N.W.2d 875 Minn. Ct. App. 2004
Unzen v. City of Duluth 683 N.W.2d 875 Minn. Ct. App. 2004
(holding raised sidewalk joint not a condition likely to cause death or serious bodily hard), revietu denied (Minn. Feb.
Granville v. Minneapolis Public Schools, Special School District No. 1 668 N.W.2d 227 Minn. Ct. App. 2003
Granville v. Minneapolis Public Schools, Special School District No. 1 668 N.W.2d 227 Minn. Ct. App. 2003
*234 Further, “the purpose of article I, section 8 of the Minnesota Constitution is to preserve remedies under common law.” review denied (Minn. Feb.
Stiele Ex Rel. Gladieux v. City of Crystal 646 N.W.2d 251 Minn. Ct. App. 2002
Stiele Ex Rel. Gladieux v. City of Crystal 646 N.W.2d 251 Minn. Ct. App. 2002
Conditions that satisfy this requirement “generally have inherently dangerous propensities, such as a high voltage electrical wire.” (citing Restatement (Second) of Torts § 335 (1965) (illustration)), review denied (Minn. Feb.
Lishinski v. City of Duluth 634 N.W.2d 456 Minn. Ct. App. 2001
Lishinski v. City of Duluth 634 N.W.2d 456 Minn. Ct. App. 2001
If “a brief inspection would have revealed the condition, it is not concealed.” (citation omitted).
Fear v. Independent School District 911 634 N.W.2d 204 Minn. Ct. App. 2001
Fear v. Independent School District 911 634 N.W.2d 204 Minn. Ct. App. 2001
“Each of the Restatement’s four requirements must be met for the state to be held liable.” (citation omitted), review denied (Minn. Feb.
Lundstrom v. City of Apple Valley 587 N.W.2d 517 Minn. Ct. App. 1998
Lundstrom v. City of Apple Valley 587 N.W.2d 517 Minn. Ct. App. 1998
If “a brief inspection would have revealed the condition, it is not concealed.” (citation omitted), review denied (Minn. Feb.
Schaffer v. Spirit Mountain Recreation Area Authority 541 N.W.2d 357 Minn. Ct. App. 1995
Schaffer v. Spirit Mountain Recreation Area Authority 541 N.W.2d 357 Minn. Ct. App. 1995
If “a brief inspection would have revealed the condition, it is not concealed.” review denied (Minn. *361 Feb.
Martinez v. Minnesota Zoological Gardens 526 N.W.2d 416 Minn. Ct. App. 1995
Martinez v. Minnesota Zoological Gardens 526 N.W.2d 416 Minn. Ct. App. 1995
“When a brief inspection would have revealed the condition, it is not concealed.” pet.
Doyle v. City of Roseville 507 N.W.2d 33 Minn. Ct. App. 1993
Doyle v. City of Roseville 507 N.W.2d 33 Minn. Ct. App. 1993
-2 (Minn.1991) is controlling because the statute here is analogous to the state’s park and recreation immunity.
Zacharias v. Minnesota Department of Natural Resources 506 N.W.2d 313 Minn. Ct. App. 1993
Zacharias v. Minnesota Department of Natural Resources 506 N.W.2d 313 Minn. Ct. App. 1993
10, 1992); (no liability for raised sidewalk joint, on the ground that it was not likely to cause death or serious bodily harm and was not a concealed danger), pet.