Cited by
Opinions in Minnesota that cite Gradjelick v. Hance, 646 N.W.2d 225.
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Jennifer Odegaard, Appellant,
Minn. Ct. App. 2026
But “[m]ere speculation, without some concrete evidence, is not enough to avoid summary judgment.” Bob Useldinger & Sons, see also Gradjelick v. Hance , (“A nonmoving party cannot defeat a summary judgment motion with unverified and conclusory allegations or by postulating evidence that might be developed at trial.”).
- Brenda Thormodson v. Kathryn Rae Zehnder Minn. Ct. App. 2025
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Brenda Thormodson v. Kathryn Rae Zehnder
Minn. Ct. App. 2025
“Mere speculation, without some concrete evidence, is not enough to avoid summary judgment.” Bob Useldinger & Sons, (requiring more than “unverified and conclusory allegations”).
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Zev Oman, Appellant,
Minn. Ct. App. 2025
is conclusive evidence of duty and breach.” n.3 (Minn. 2002).
- Thomas Noree, Appellant, Minn. Ct. App. 2025
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Regina Gower, Appellant,
Minn. Ct. App. 2025
(stating that summary judgment cannot be avoided by “unverified and conclusory allegations or by postulating evidence that might be developed at trial”); Osborne, d at 371 ( stating that “[m]ere speculation, without some concrete evidence, is not enough to avoid summary judgment” (quota
- Craig A. Reichel v. Wendland Utz, LTD Minn. 2024
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Craig A. Reichel v. Wendland Utz, LTD
Minn. 2024
7 Proving an “ordinary negligence claim” requires a plaintiff to establish four essential elements: “(1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) the breach of the duty being the proximate cause of the injury.”
- In re the Estate of: Lavonne Eleanor Kranz Minn. Ct. App. 2024
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In re the Estate of: Lavonne Eleanor Kranz
Minn. Ct. App. 2024
When the nonmoving party bears the burden of proof on an issue, they must present admissible evidence “to permit reasonable persons to draw different conclusions.” see Minn. R. Civ.
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Victor H. Arteaga, et al., Appellants,
Minn. Ct. App. 2022
See Gradjelick v. Hance , -31 (Minn. 2002) (stating that nonmoving parties cannot defeat summary judgment with unverified or conclusory allegations and must present sufficient evidence to allow reasonable persons to draw differing conclusions).
- John P. Norusis, Appellant, Minn. Ct. App. 2022
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Credo Salon and Spa, Inc., Appellant,
Minn. Ct. App. 2022
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 (1986); -231 (Minn. 2002) (citations omitted).
- Mark D. Island, et al., Appellants, Minn. Ct. App. 2022
- Minn. 2021
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Minn. 2021
When a statute is susceptible to more than one reasonable interpretation, it is 12 “A per se negligence rule substitutes a statutory standard of care for the ordinary prudent person standard of care, such that a violation of a statute (or an ordinance or regulation adopted under statutory authority) is conclusive evidence of duty and breach.” n.3 (Minn. 2002).
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Roger Saba, Appellant,
Minn. Ct. App. 2021
“[I]f the nonmoving party bears the burden of proof on an issue, that party must present sufficient evidence to permit reasonable persons to draw different conclusions.”
- Paul Nelsen, Plaintiff, Minn. Ct. App. 2021
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Capital One Bank (USA), NA, Respondent,
Minn. Ct. App. 2020
The nonmovant cannot simply rely on “unverified and conclusory allegations” or postulate “evidence that might be d eveloped at trial.”
- 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
Gradjelick v. Hance , , 231 (Minn. 2002).
- Roller-Dick v. Centracare Health Sys. 916 N.W.2d 373 Minn. 2018
- Michael N. Palm, Sr., Appellant, Minn. Ct. App. 2018
- Buskey v. Am. Legion Post 910 N.W.2d 9 Minn. 2018
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Buskey v. Am. Legion Post
910 N.W.2d 9
Minn. 2018
Gradjelick v. Hance , , 231 (Minn. 2002).
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Derby Construction, Appellant,
Minn. Ct. App. 2017
A defendant in a negligence action is entitled to summary judgment if “the record reflects a complete lack of proof on any of the four essential elements of the claim: (1) the existence of a duty of care, (2) breach of that duty, (3) an injury, and (4) the breach of the duty being the proximate cause of the injury.”
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U. S. Bank National Association, successor by merger to U. S. Bank National Association ND, Respondent,
Minn. Ct. App. 2017
If the moving party meets this burden, then the onus is on the nonmoving party to “present sufficient evidence to permit reasonable persons to draw different conclusions.”
- Senogles v. Carlson 902 N.W.2d 38 Minn. 2017
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Town Center Office Plaza Association, Inc., Appellant,
Minn. Ct. App. 2017
A genuine issue of material fact exists if the evidence “would permit reasonable persons to draw different conclusions.”
- Valley Paving, Inc. v. Stanley Consultants, Inc. Minn. Ct. App. 2016
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Valley Paving, Inc. v. Stanley Consultants, Inc.
Minn. Ct. App. 2016
d 225, 235 (Minn. 2002).
- Nereus Montemayor v. Sebright Products, Inc., d/b/a Bright Technologies, and third party v. VZ Hogs, LLP, Third Party Minn. Ct. App. 2016
- Nereus Montemayor v. Sebright Products, Inc., d/b/a Bright Technologies, and third party v. VZ Hogs, LLP, Third Party Minn. Ct. App. 2016
- David L. Henson as Trustee for the Estate of Maxwell David Henson v. Uptown Drink, LLC, and Third … Minn. Ct. App. 2015
- David L. Henson as Trustee for the Estate of Maxwell David Henson v. Uptown Drink, LLC, and Third … Minn. Ct. App. 2015
- Karla Kay Edenloff v. Maxistorage, LLC, a/k/a Maxistorage 1801, LLC, Maxistorage 1807, LLC and Maxistorage 1711, LLC d/b/a … Minn. Ct. App. 2015
- Karla Kay Edenloff v. Maxistorage, LLC, a/k/a Maxistorage 1801, LLC, Maxistorage 1807, LLC and Maxistorage 1711, LLC d/b/a … Minn. Ct. App. 2015
- Ezell Moore, individually and as trustee for the heirs of Valerie M. VanMieghem, Decedent v. CenterPoint Energy Resources … Minn. Ct. App. 2015
- Ezell Moore, individually and as trustee for the heirs of Valerie M. VanMieghem, Decedent v. CenterPoint Energy Resources … Minn. Ct. App. 2015
- Temitope Raufu Ibraheem v. Epic Entertainment, LLC Minn. Ct. App. 2015
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Temitope Raufu Ibraheem v. Epic Entertainment, LLC
Minn. Ct. App. 2015
A defendant is entitled to summary dismissal of a negligence claim when “the record reflects a complete lack of proof on any of the four essential elements of the claim: (1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) the breach of the duty being the proximate cause of the injury.”
- Scott Alan Wenker by Jeffrey Wenker, Trustee v. Xcel Energy, Inc., City of Cottage Grove Minn. Ct. App. 2015
- Scott Alan Wenker by Jeffrey Wenker, Trustee v. Xcel Energy, Inc., City of Cottage Grove Minn. Ct. App. 2015
- Robert Berg a/k/a Rob Berg v. Keith Waters & Associates, Inc., Portico Green, LLC Minn. Ct. App. 2014
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Robert Berg a/k/a Rob Berg v. Keith Waters & Associates, Inc., Portico Green, LLC
Minn. Ct. App. 2014
Paul, (stating that a summary-judgment motion cannot be defeated “with unverified and conclusory allegations or by postulating evidence that might be developed at trial”).
- Catlin Underwriting Agencies, Ltd. v. ALLETE, Inc., d/b/a Minnesota Power, Schneider Electric USA, Inc., f/k/a Square D Company, … Minn. Ct. App. 2014
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Catlin Underwriting Agencies, Ltd. v. ALLETE, Inc., d/b/a Minnesota Power, Schneider Electric USA, Inc., f/k/a Square D Company, …
Minn. Ct. App. 2014
A defendant is entitled to summary dismissal of a negligence claim when “the record reflects a complete lack of proof on any of the four essential elements of the claim: (1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) the breach of the duty being the proximate cause of the injury.”
- Johnson v. Paynesville Farmers Union Cooperative Oil Co. 817 N.W.2d 693 Minn. 2012
- Renswick v. Wenzel 819 N.W.2d 198 Minn. Ct. App. 2012
- Renswick v. Wenzel 819 N.W.2d 198 Minn. Ct. App. 2012