Cited by

Opinions in Minnesota that cite Gilbertson v. Leininger, 599 N.W.2d 127.

35 citing documents.

Kaylen Stiever v. Lake County Minn. Ct. App. 2026
Kaylen Stiever v. Lake County Minn. Ct. App. 2026
“In the absence of a legal duty, the negligence claim fails.”
Regina Gower, Appellant, Minn. Ct. App. 2025
However, “[t]he existence of a duty of care is a threshold question because a defendant cannot breach a nonexistent duty.” Doe 169, d at 177; (“In the absence of a legal duty, the negligence claim fails.”).
Benjamin Unke, et al., Appellants, Minn. Ct. App. 2024
“In the absence of a legal duty, the negligence claim fails.” Gilbertson v. Leininger
Village Homes of Grandview Square II Association, Respondent, Minn. Ct. App. 2020
“In the absence of a legal duty, the neglig ence claim fails.”
Michelle Friesen, Appellant, Minn. Ct. App. 2020
Gilbertson v. Leininger , (stating that “in the absence of a legal duty, the negligence claim fails”).1 Affirmed.
Fenrich v. Blake Sch. 920 N.W.2d 195 Minn. 2018
Jodi L. Toedter, Trustee for the Heirs and Next of Kin of Susan Ann Gray v. Winona County, … Minn. Ct. App. 2017
Jodi L. Toedter, Trustee for the Heirs and Next of Kin of Susan Ann Gray v. Winona County, … Minn. Ct. App. 2017
Danna Rochelle Back v. State of Minnesota 883 N.W.2d 614 Minn. Ct. App. 2016
Danna Rochelle Back v. State of Minnesota 883 N.W.2d 614 Minn. Ct. App. 2016
at 869 (quotation omitted); (stating that existence of special relationship giving rise to legal duty is issue of law that appellate courts review de novo).
Swanny of Hugo, Inc., d/b/a Carpenter's Steak House v. Integrity Mutual Insurance Company Minn. Ct. App. 2015
Swanny of Hugo, Inc., d/b/a Carpenter's Steak House v. Integrity Mutual Insurance Company Minn. Ct. App. 2015
Franklin C. Olson v. Rustic Bar, Inc. Minn. Ct. App. 2015
Franklin C. Olson v. Rustic Bar, Inc. Minn. Ct. App. 2015
Julie Strelow v. Winona Steamboat Days Festival Association Minn. Ct. App. 2015
Julie Strelow v. Winona Steamboat Days Festival Association Minn. Ct. App. 2015
Doe 169 v. Brandon 845 N.W.2d 174 Minn. 2014
Doe 169 v. Brandon 845 N.W.2d 174 Minn. 2014
Doma-gala, d at 22 ; (“In the absence of a legal duty, the negligence claim fails.”).
Domagala v. Rolland 805 N.W.2d 14 Minn. 2011
Domagala v. Rolland 805 N.W.2d 14 Minn. 2011
Generally, a defendant’s duty to a plaintiff is a threshold question because “[i]n the absence of a legal duty, the negligence claim fails.” (citation omitted); see also State Farm Fire & Cas.
Moorhead Economic Development Authority v. Anda 789 N.W.2d 860 Minn. 2010
Moorhead Economic Development Authority v. Anda 789 N.W.2d 860 Minn. 2010
Kidwell v. Sybaritic, Inc. 749 N.W.2d 855 Minn. Ct. App. 2008
Kidwell v. Sybaritic, Inc. 749 N.W.2d 855 Minn. Ct. App. 2008
Laska v. Anoka County 696 N.W.2d 133 Minn. Ct. App. 2005
Laska v. Anoka County 696 N.W.2d 133 Minn. Ct. App. 2005
The existence of a legal duty to act depends on two factors: (1) the relationship of the parties, and (2) the foreseeability of the risk involved.” (citation omitted).
Louis v. Louis 636 N.W.2d 314 Minn. 2001
Louis v. Louis 636 N.W.2d 314 Minn. 2001
Mullins v. Churchill 616 N.W.2d 764 Minn. Ct. App. 2000
Mullins v. Churchill 616 N.W.2d 764 Minn. Ct. App. 2000
Snilsberg v. Lake Washington Club 614 N.W.2d 738 Minn. Ct. App. 2000
Snilsberg v. Lake Washington Club 614 N.W.2d 738 Minn. Ct. App. 2000
-32 (Minn.1999) *745 (finding no special relationship between hosts and dinner guest who had consumed alcohol, stayed overnight, and was injured, because defendants had no physical custody or control of guest, were not entrusted with guest’s health, and did not accept responsibility to care for guest’s physical co
Pecinovsky v. AMCO Insurance Co. 613 N.W.2d 804 Minn. Ct. App. 2000
Pecinovsky v. AMCO Insurance Co. 613 N.W.2d 804 Minn. Ct. App. 2000
“The denial of a motion for judgment notwithstanding the verdict * * * presents a legal question subject to de novo review.”