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Opinions in Minnesota that cite Wittmer v. Ruegemer, 419 N.W.2d 493.

60 citing documents.

City of Jackson, Appellant, Minn. Ct. App. 2025
12 plaintiff from discovering the defective and unsafe condition.” Wittmer v. Ruegemer , superseded by statute on other grounds, 1988 Minn. Laws ch. 607, § 1, at 680-81 (codified at Minn. Stat. § 541.051, subd.
Broek v. Park Nicollet Health Services 660 N.W.2d 439 Minn. Ct. App. 2003
Broek v. Park Nicollet Health Services 660 N.W.2d 439 Minn. Ct. App. 2003
“The general rule with respect to actions for negligence is that the cause of action accrues * * * when the negligent act or omission causes injury on which the injured party could maintain an action.”
Dakota County v. BWBR Architects, Inc. 645 N.W.2d 487 Minn. Ct. App. 2002
Dakota County v. BWBR Architects, Inc. 645 N.W.2d 487 Minn. Ct. App. 2002
-98 (Minn.1988), where-the supreme court stated: With respect, however, to the two-year limitation period, it is apparent that fraud does not toll the statute because the limitation period does not, according to its terms, begin to run until discovery of the defective condition.
Bertram v. Poole 597 N.W.2d 309 Minn. Ct. App. 1999
Bertram v. Poole 597 N.W.2d 309 Minn. Ct. App. 1999
Majestic Inc. v. Berry 593 N.W.2d 251 Minn. Ct. App. 1999
Majestic Inc. v. Berry 593 N.W.2d 251 Minn. Ct. App. 1999
J.J. v. Luckow 578 N.W.2d 17 Minn. Ct. App. 1998
J.J. v. Luckow 578 N.W.2d 17 Minn. Ct. App. 1998
W.J.L. v. Bugge 573 N.W.2d 677 Minn. 1998
W.J.L. v. Bugge 573 N.W.2d 677 Minn. 1998
DLH, Inc. v. Russ 566 N.W.2d 60 Minn. 1997
DLH, Inc. v. Russ 566 N.W.2d 60 Minn. 1997
See also City of Willmar v. Short-Elliott-Hendrickson, Inc., (); Anderson v. Twin City Rapid Transit Co., 250 Minn. 167, 186
Blackowiak v. Kemp 546 N.W.2d 1 Minn. 1996
Blackowiak v. Kemp 546 N.W.2d 1 Minn. 1996
DLH, Inc. v. Russ 544 N.W.2d 326 Minn. Ct. App. 1996
Tower Asphalt, Inc. v. Determan Welding & Tank Service, Inc. 530 N.W.2d 872 Minn. Ct. App. 1995
Tower Asphalt, Inc. v. Determan Welding & Tank Service, Inc. 530 N.W.2d 872 Minn. Ct. App. 1995
Metropolitan Property & Casualty Insurance Co. v. Metropolitan Transit Commission 526 N.W.2d 628 Minn. Ct. App. 1995
Metropolitan Property & Casualty Insurance Co. v. Metropolitan Transit Commission 526 N.W.2d 628 Minn. Ct. App. 1995
Minn. Stat. § 541.05 ; -96 (Minn.1988) (citing O’).
Williams v. Tweed 520 N.W.2d 515 Minn. Ct. App. 1994
Williams v. Tweed 520 N.W.2d 515 Minn. Ct. App. 1994
Williams concedes that section 541.-051 applies to the construction of a (“[C]on-struction of a septic system is an improvement to real property.”), ajfd in part and rev’d in part
ABC v. Archdiocese of St. Paul & Minneapolis 513 N.W.2d 482 Minn. Ct. App. 1994
ABC v. Archdiocese of St. Paul & Minneapolis 513 N.W.2d 482 Minn. Ct. App. 1994
See, (where plaintiff contended fraudulent concealment delayed discovery of defective condition, question of when plaintiff discovered or should have discovered defective condition was issue for trier of fact to determine); K.E., d at 515 (case remanded for determination where trial court had not
Independent School District No. 622 v. Keene Corp. 495 N.W.2d 244 Minn. Ct. App. 1993
Independent School District No. 622 v. Keene Corp. 495 N.W.2d 244 Minn. Ct. App. 1993
-97 (Minn.1988) (employing the 15-year limitation in an example despite passage of 1986 amendment reducing limitation to 10 years).
Kline v. Doughboy Recreational Manufacturing Co. 495 N.W.2d 435 Minn. Ct. App. 1993
Kline v. Doughboy Recreational Manufacturing Co. 495 N.W.2d 435 Minn. Ct. App. 1993
Under the 1984 statute of limitations applicable in this case, the two-year period “commences when the injured party discovers, or with reasonable diligence should have discovered, the defective condition of an improvement to real property.”
Griebel v. Andersen Corp. 489 N.W.2d 521 Minn. 1992
Griebel v. Andersen Corp. 489 N.W.2d 521 Minn. 1992
Sargent v. State Farm Mutual Automobile Insurance 486 N.W.2d 14 Minn. Ct. App. 1992
Sargent v. State Farm Mutual Automobile Insurance 486 N.W.2d 14 Minn. Ct. App. 1992
-96 (Minn.1988) (cause of action generally accrues when it can be brought without being subject to dismissal for failure to state a claim); Spira v. Standard Ins.
Arden Hills North Homes Ass'n v. Pemtom, Inc. 475 N.W.2d 495 Minn. Ct. App. 1991
Arden Hills North Homes Ass'n v. Pemtom, Inc. 475 N.W.2d 495 Minn. Ct. App. 1991
(flooding caused by defective septic system); (explosion caused by defective switchboard); Bulan v. Hector Plumbing & Heating Co., (fire caused by defective fireplace); (Min
City of Willmar v. Short-Elliott-Hendrickson, Inc. 475 N.W.2d 73 Minn. 1991
City of Willmar v. Short-Elliott-Hendrickson, Inc. 475 N.W.2d 73 Minn. 1991
this court concluded that section 541.051 established discovery of the defective condition, not discovery of the damage or injury it caused, as the point at which a cause of action accrued and the limitation period began.
O'Reilly v. Allstate Insurance Co. 474 N.W.2d 221 Minn. Ct. App. 1991
O'Reilly v. Allstate Insurance Co. 474 N.W.2d 221 Minn. Ct. App. 1991
Johnson v. Steele-Waseca Cooperative Electric 469 N.W.2d 517 Minn. Ct. App. 1991
Johnson v. Steele-Waseca Cooperative Electric 469 N.W.2d 517 Minn. Ct. App. 1991
Western Lake Superior Sanitary District v. Orfei & Sons, Inc. 463 N.W.2d 781 Minn. Ct. App. 1990
Western Lake Superior Sanitary District v. Orfei & Sons, Inc. 463 N.W.2d 781 Minn. Ct. App. 1990
that when sudden, calamitous damage arises out of a hidden defect, the date of the owner’s discovery may be a matter for summary disposition.
Horvath v. Liquid Controls Corp. 455 N.W.2d 60 Minn. Ct. App. 1990
Horvath v. Liquid Controls Corp. 455 N.W.2d 60 Minn. Ct. App. 1990
Thorp v. Price Bros. Co. 441 N.W.2d 817 Minn. Ct. App. 1989
Thorp v. Price Bros. Co. 441 N.W.2d 817 Minn. Ct. App. 1989
which involved application of the 1984 version of § 541.051, the plaintiffs’ yard had been gradually damaged by dampness, seepage, and ultimately standing water and destruction of vegetation from a defective septic system.
Arbitration Demand of 200 Levee Drive Associates, Ltd. v. Bor-Son Building Corp. 441 N.W.2d 560 Minn. Ct. App. 1989
Arbitration Demand of 200 Levee Drive Associates, Ltd. v. Bor-Son Building Corp. 441 N.W.2d 560 Minn. Ct. App. 1989

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