Cited by
Opinions in Minnesota that cite Larson v. Larson, 373 N.W.2d 287.
- Classic Auto Storage, LLC v. Restoration Technologies, Inc Minn. Ct. App. 2026
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Classic Auto Storage, LLC v. Restoration Technologies, Inc
Minn. Ct. App. 2026
“[T]he existence of a legal duty is an issue for the court to determine as a matter of law.”
- James R. Martin, Patrick S. Martin v. Mid-America Festivals Corporation Minn. Ct. App. 2023
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James R. Martin, Patrick S. Martin v. Mid-America Festivals Corporation
Minn. Ct. App. 2023
“Generally, the existence of a legal duty is an issue for the court to determine as a matter of law.”
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Danna Rochelle Back,
Minn. 2023
d at 869 (“Whether a person has a duty of care ‘is an is sue for the court to determine as a matter of law.’ ” () ).
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Court of Appeals Hudson, J. Dissenting as to Part I, Anderson, J., David Smits, as Trustee for the …
Minn. 2022
Doe 169 v. Brandon, (“The existence of a duty of care is a question of law that we review de novo.”); (“Generally, the existence of a legal duty is an issue for the court to determine as a matter of law.”).
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Suzanne Krupp, Appellant,
Minn. Ct. App. 2022
Glorvigen v. Cirrus Design Corp. , ; Rinn v. Minn. State Agr ic.
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Danna Rochelle Back, petitioner, Respondent,
Minn. Ct. App. 2021
The decision in Back II was based on the holdings of State v. Cantrell , (determining th at culpable negligence requires the existence of a duty), (stating that whether a person owes a duty of care “is an issue for the court to determine as a ma tter of law”), (explaining that th e existence of a duty is an essential element of a negligence claim).
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Brad Ronald Stevens, Appellant,
Minn. Ct. App. 2020
The district court dismissed the complaint based on primary assu mption of the risk, which relates to a defendant’s legal duty to prote ct a plaintiff from harm, and “the existence of a legal duty is an issue for the court to determine as a matter of law.” ( quoting Larson v. Larson , ), review denied (Minn. Jan.
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First Minnesota Bank as assignee of Sacor Financial, Inc., as assignee of National Credit Acceptance, Inc., Appellant,
Minn. Ct. App. 2018
(declining to address issues rendered unnecessary by the resolution of another issue).
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John Doe 121, Appellant,
Minn. Ct. App. 2018
10 Courts in Minnesota have consis tently stated that in “close cases,” foreseeability is an issue for the jury to resolve.3 See, e.g., Astleford, d at 755
- Senogles v. Carlson 902 N.W.2d 38 Minn. 2017
- Montemayor v. Sebright Products, Inc. 898 N.W.2d 623 Minn. 2017
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Montemayor v. Sebright Products, Inc.
898 N.W.2d 623
Minn. 2017
when it resulted from the disabling of a permanently affixed safety feature); -89 (Minn. 1985) (holding that foreseeability “was clear and should have been decided by the court as a matter of law” when the only evidence of foreseeability was a vague comment by an intoxicated person 2 months before the injury).
- BPG Grand Oak Building Retail Investors, LLC, Respondent, Minn. Ct. App. 2017
- Michael Barlow v. Hospitality Center for Chinese, Inc. Minn. Ct. App. 2016
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Michael Barlow v. Hospitality Center for Chinese, Inc.
Minn. Ct. App. 2016
Here, the district court granted summary judgment for HCC because it concluded that “[t]he record in this case shows a lack of proof as to the essential element of duty.” “Generally, the existence of a legal duty is an issue for the court to determine as a matter of law.”
- State v. Back 775 N.W.2d 866 Minn. 2009
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State v. Back
775 N.W.2d 866
Minn. 2009
Whether a person has a duty of care “is an issue for the court to determine as a matter of law.”
- Becker v. Mayo Foundation 737 N.W.2d 200 Minn. 2007
- Becker v. Mayo Foundation 737 N.W.2d 200 Minn. 2007
- Bjerke v. Johnson 727 N.W.2d 183 Minn. Ct. App. 2007
- Bjerke v. Johnson 727 N.W.2d 183 Minn. Ct. App. 2007
- Anderson v. State, Department of Natural Resources 674 N.W.2d 748 Minn. Ct. App. 2004
- Anderson v. STATE, DEPT. OF NAT. RESOURCES 674 N.W.2d 748 Minn. Ct. App. 2004
- Anderson v. STATE, DEPT. OF NAT. RESOURCES 674 N.W.2d 748 Minn. Ct. App. 2004
- Anderson v. State, Department of Natural Resources 674 N.W.2d 748 Minn. Ct. App. 2004
- Alwin v. St. Paul Saints Baseball Club, Inc. 672 N.W.2d 570 Minn. Ct. App. 2003
- Alwin v. St. Paul Saints Baseball Club, Inc. 672 N.W.2d 570 Minn. Ct. App. 2003
- Bundy v. Holmquist 669 N.W.2d 627 Minn. Ct. App. 2003
- Bundy v. Holmquist 669 N.W.2d 627 Minn. Ct. App. 2003
- Molloy v. Meier 660 N.W.2d 444 Minn. Ct. App. 2003
- Molloy v. Meier 660 N.W.2d 444 Minn. Ct. App. 2003
- Louis v. Louis 636 N.W.2d 314 Minn. 2001
- Louis v. Louis 636 N.W.2d 314 Minn. 2001
- In Re the Trusteeship of the Trust of Williams 631 N.W.2d 398 Minn. Ct. App. 2001
- In Re the Trusteeship of the Trust of Williams 631 N.W.2d 398 Minn. Ct. App. 2001
- Gradjelick v. Hance 627 N.W.2d 708 Minn. Ct. App. 2001
- Gradjelick v. Hance 627 N.W.2d 708 Minn. Ct. App. 2001
- Funchess v. Cecil Newman Corp. 615 N.W.2d 397 Minn. Ct. App. 2000
- Funchess v. Cecil Newman Corp. 615 N.W.2d 397 Minn. Ct. App. 2000
- Sandborg v. Blue Earth County 615 N.W.2d 61 Minn. 2000
- Sandborg v. Blue Earth County 615 N.W.2d 61 Minn. 2000
- Rinn v. Minnesota State Agricultural Society 611 N.W.2d 361 Minn. Ct. App. 2000
- Rinn v. Minnesota State Agricultural Society 611 N.W.2d 361 Minn. Ct. App. 2000
- Sandborg v. Blue Earth County 601 N.W.2d 192 Minn. Ct. App. 1999
- Sandborg v. Blue Earth County 601 N.W.2d 192 Minn. Ct. App. 1999
- Gilbertson v. Leininger 599 N.W.2d 127 Minn. 1999
- Gilbertson v. Leininger 599 N.W.2d 127 Minn. 1999
- S.W. v. Spring Lake Park School District No. 16 592 N.W.2d 870 Minn. Ct. App. 1999