Archive for the ‘Minnesota’ Category

Pass Interference – Woman Injured Chasing Frisbee Thrown From Stage; Claims Barred as a Matter of Law (MN)

November 2, 2015

Strelow v. Winona Steamboat Days Festival Association (Minnesota)
(not published)

Plaintiff attended a festival organized by the defendant.  During a break in the music, representatives from a local radio station went on stage and began throwing t-shirts and Frisbees from the stage.  The Frisbees had tickets to the local zoo attached to them.  Plaintiff gestured as if she wanted to catch a Frisbee and one of the people on stage threw one in her direction, but it veered off course.  Plaintiff took took four to six steps diagonally and slightly backwards with her arms in the air, trying to catch it.  However, plaintiff fell down, rolled against a curb, and fractured her shoulder.

Plaintiff and her husband filed a lawsuit against the defendant event organizer, alleging that defendant failed to maintain a safe area and failed to warn plaintiff of a hazardous condition on the premises.  Plaintiff contended that she fell as a result of tripping on electrical cords that were “black and rubbery” and “bigger than extension cords.”  She indicated that she did not know whether they were connected to anything, she said she did not see them before she fell, and she had not previously walked in the area of the incident.  Plaintiff was unable to find any witnesses to her fall.

Defendant filed a motion for summary judgment, asserting (1) no evidence of a dangerous condition caused by defendant existed, (2) any alleged dangerous condition was open and obvious, (3) the defendant did not owe the plaintiff a duty because it had no actual or constructive notice of the alleged condition, and (4) plaintiff’s claims were barred by primary assumption of risk.  The trial court granted defendant’s motion, finding that plaintiff “failed to establish a prima facie case of negligence because no evidence was presented that any cords ran over the blacktop” in the area of the incident.  Plaintiff appealed.

(more…)

Advertisements

Collision Course

July 11, 2007

Schipper v. Dahl Trucking, Inc. (Minnesota-UNPUBLISHED)
(Two Truckers Collide; Waiver and Release Precluded Negligence Claim Against Trucking Company; Issue of Loss of Consortium Claim Remanded; Waiver and Release Protections for Trucking Company Employee Unclear)

The plaintiff Doug Schipper and his wife were residents of Minnesota. Schipper owned a company called Midwest Cargo, which owned and operated a truck. Schipper entered into a written agreement with defendant Dahl Trucking, Inc., an Iowa corporation headquartered in Minnesota, to provide freight transportation. The contract contains the following provision:

9. THE CONTRACTOR EXPRESSLY WAIVES ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION AGAINST CARRIER AS A RESULT OF THE DEATH OR INJURY OF CONTRACTOR OR CONTRACTOR’S EMPLOYEES IN CONNECTION WITH THE PERFORMANCE OF CONTRACTOR OR THE CONTRACT AND FURTHER AGREES TO HOLD CARRIER HARMLESS AND INDEMNIFY CARRIER FORM [sic] SUCH CLAIMS.

The contract also required Schipper to maintain business-liability insurance, and it provided that it “shall be governed by the Laws of the State of Iowa and Minnesota, both as to interpretation and performance.”

Thereafter, Schipper and defendant Chad Jongbloedt, an employee of Dahl Trucking who was a resident of Minnesota, were both hauling freight, when they were involved in a collision. Schipper was injured and filed a lawsuit against Dahl and Jongbloedt, alleging negligence. Schipper’s wife also filed a claim for loss of consortium. The parties filed cross-motions for summary judgment, and the district court granted defendants’ motion based upon the waiver and release provisions. The plaintiffs appealed.

(more…)

Youth Was Served

July 5, 2007

Peterson v. Donahue (Minnesota)
(11 Year Old Experienced Skier Speeding Down the Ski Slope Collided with Adult Skier Crossing the Slope; Assumption of the Risk Precluded Negligence Claim by Youth)

The 11 year old plaintiff was skiing fast down the slope when he encountered the defendant adult skiier, who was slowly crossing the slope to access the parking lot. The two skiers collided, resulting in personal injury to the plaintiff. The plaintiff sued the defendant skier, claiming that he was negligent in failing to look up the slope for others skiers before crossing. The defendant filed a motion for summary judgment based upon primary assumption of the risk. The court granted the motion and the minor plaintiff appealed.

(more…)