Cited by
Opinions in Minnesota that cite Reinhardt v. Colton, 337 N.W.2d 88.
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Admire Benga, et al., Individually and as Parents and Natural Guardians of Adriel Benga, a Minor, Appellants,
Minn. Ct. App. 2026
“As distinguished from a cause of action for negligent treatment, the role of expert testimony in establishing a prima facie case [under the doctrine of informed consent] is not as prominent.”
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Joseph Kurian, individually, and as Trustee for Samael Alessandro Ittyerah, deceased, Appellant,
Minn. Ct. App. 2022
In considering the competency of an expert witness, the district court examines “both the degree of the witness’ scientific knowledge and the extent of the witness’ practical experience with the matter which is the subject of the offered testimony.” .
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Nathan Mead, Appellant,
Minn. Ct. App. 2021
Paul & Minneapolis, (stating that exclusion of expert testim ony “lies within the sound disc retion of the trial court, and would be admissible at trial”).
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Independent School District No. 477, Appellant,
Minn. Ct. App. 2020
See Reinhardt v. Colton , (indicating tha t the exclusion of expert testimony “lies within the sound discretion of the trial court, and its ruling will not be reversed unless it is based on an erroneous view of the law or it constitutes and abuse of discretion”).
- Karmen Michelle Ingersoll, as Trustee for the next of kin of Thomas Wade Ingersoll, Appellant, Minn. Ct. App. 2020
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Patricia J. Marquardt,
Minn. 2020
Reinhardt v. Colton , 3 (Minn. 1983).
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Mark Kedrowski,
Minn. 2019
n.1 (Minn. 1983) (noting that the standard for judgment as a matter of law “suggests that the stage of the proceeding at which a motion for [judgment notwithstanding the verdict] is brought is an inappropriate time at which to effectuate a determination regarding the admissibility of evidence”); Rochester Wood
- Lynda Jo Blom, Appellant, Minn. Ct. App. 2019
- Patricia J. Marquardt, Respondent, Minn. Ct. App. 2019
- Rogelio Onofre, plaintiff and counterclaim defendant, Respondent, Minn. Ct. App. 2019
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Mark Kedrowski, Appellant,
Minn. Ct. App. 2018
He argues that , in relying upon the district court’s prior rulings, he chose not to lay additional foundation or call additional witnesses, and that such foundation determinations should be made when the evidence is offered, not “after the jury’s verdict has been return ed, because the latter approach substantially usurps the role of the jury.” n.1 (Minn. 1983).
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Anita J. Howard, Appellant,
Minn. Ct. App. 2017
claim of medical malpractice based on negligent treatment, a plaintiff must demonstrate “(1) the standard of care recognized by the medical community as applicable to the particular defendant’s conduct; (2) that the defendant departed from that standard; (3) that the defendant’s departure from that standard was a direct cause of the patient’s injuries; and (4) damages.” (quotation omitted).
- Willis v. Indiana Harbor Steamship Co. 790 N.W.2d 177 Minn. Ct. App. 2010
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Willis v. Indiana Harbor Steamship Co.
790 N.W.2d 177
Minn. Ct. App. 2010
Because the award of future medical expenses was supported by the testimony of Dr. Sherman and Graham, because the award was well below the range testified to by both Dr. Sherman and Graham, and because the weighing of conflicting evidence is an issue for the jury, the district court did not abuse its discretion in denying appellants’ motion for a new trial based on the future-medical-expenses award.
- Rush v. Jostock 710 N.W.2d 570 Minn. Ct. App. 2006
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Rush v. Jostock
710 N.W.2d 570
Minn. Ct. App. 2006
“The competency of a witness to provide expert medical testimony depends upon both the degree of the witness’ scientific knowledge and the extent of the witness’ practical experience with the matter which is the subject of the offered testimony.”
- Knuth Ex Rel. Knuth v. Emergency Care Consultants, P.A. 644 N.W.2d 106 Minn. Ct. App. 2002
- Knuth Ex Rel. Knuth v. Emergency Care Consultants, P.A. 644 N.W.2d 106 Minn. Ct. App. 2002
- Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc. 624 N.W.2d 796 Minn. Ct. App. 2001
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Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc.
624 N.W.2d 796
Minn. Ct. App. 2001
Gross v. Victoria Station Farms, Inc., , 92 n. 1 (Minn.1983) (noting that the trial court has “considerable discretion in determining the sufficiency of foundation laid for expert opinion”) (citations omitted).
- Tousignant v. ST. LOUIS COUNTY, MN 615 N.W.2d 53 Minn. 2000
- Tousignant v. ST. LOUIS COUNTY, MN 615 N.W.2d 53 Minn. 2000
- Kaiser-Bauer v. Mullan 609 N.W.2d 905 Minn. Ct. App. 2000
- Kaiser-Bauer v. Mullan 609 N.W.2d 905 Minn. Ct. App. 2000
- Russell v. Johnson 608 N.W.2d 895 Minn. Ct. App. 2000
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Russell v. Johnson
608 N.W.2d 895
Minn. Ct. App. 2000
or alternative program, which may be established by a showing that a reasonable person in what the physician knows or should have known to be the plaintiffs position would likely attach significance to that risk or alternative in deciding whether to consent to treatment; (3) breach of that duty; (4) causation (the undisclosed risk must materialize in harm); and (5) damages.” ().
- Gross v. Victoria Station Farms, Inc. 578 N.W.2d 757 Minn. 1998
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Gross v. Victoria Station Farms, Inc.
578 N.W.2d 757
Minn. 1998
The district court has “consid *761 erable discretion in determining the sufficiency of foundation laid for expert opinion.” , 92 n. 1 (Minn.1983).
- Bigay v. Garvey 562 N.W.2d 695 Minn. Ct. App. 1997
- Bigay v. Garvey 562 N.W.2d 695 Minn. Ct. App. 1997
- Silbaugh v. Silbaugh 543 N.W.2d 639 Minn. 1996
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Silbaugh v. Silbaugh
543 N.W.2d 639
Minn. 1996
this court stated, “the exclusion of expert medical testimony lies within the sound discretion of the trial court, and its ruling will not be reversed unless it is based on an erroneous view of the law or it constitutes an abuse of discretion.” Id.
- Hempel v. Fairview Hospitals & Healthcare Services, Inc. 504 N.W.2d 487 Minn. Ct. App. 1993
- Hempel v. Fairview Hospitals & Healthcare Services, Inc. 504 N.W.2d 487 Minn. Ct. App. 1993
- Williams v. Wadsworth 503 N.W.2d 120 Minn. 1993
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Williams v. Wadsworth
503 N.W.2d 120
Minn. 1993
See Benson v. Northern Gopher Enterprises, Inc.
- EHW PROPERTIES v. City of Eagan 503 N.W.2d 135 Minn. Ct. App. 1993
- EHW PROPERTIES v. City of Eagan 503 N.W.2d 135 Minn. Ct. App. 1993
- Williams v. Wadsworth 490 N.W.2d 426 Minn. Ct. App. 1992
- Williams v. Wadsworth 490 N.W.2d 426 Minn. Ct. App. 1992
- Fabio v. Bellomo 489 N.W.2d 241 Minn. Ct. App. 1992
- Fabio v. Bellomo 489 N.W.2d 241 Minn. Ct. App. 1992
- Covey v. Detroit Lakes Printing Co. 490 N.W.2d 138 Minn. Ct. App. 1992
- Covey v. Detroit Lakes Printing Co. 490 N.W.2d 138 Minn. Ct. App. 1992
- Leubner v. Sterner 483 N.W.2d 518 Minn. Ct. App. 1992
- Leubner v. Sterner 483 N.W.2d 518 Minn. Ct. App. 1992
- Fiedler v. Spoelhof 483 N.W.2d 486 Minn. Ct. App. 1992
- Fiedler v. Spoelhof 483 N.W.2d 486 Minn. Ct. App. 1992
- ZumBerge v. Northern States Power Co. 481 N.W.2d 103 Minn. Ct. App. 1992
- ZumBerge v. Northern States Power Co. 481 N.W.2d 103 Minn. Ct. App. 1992