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BJERKE v. JOHNSON

No. A06-117.

742 N.W.2d 660 (2007)

Aja BJERKE, Respondent v. Suzette E. JOHNSON, Appellant, and Kenneth D. Bohlman, Defendant.

Supreme Court of Minnesota.

December 27, 2007.

Attorney(s) appearing for the Case

Dennis P. Moriarty, Kevin J. Wetherille, Jaspers, Moriarty & Walburg, P.A., Shakopee, MN, for Respondent.

John M. Riedy, Jorun Groe Meierding, Maschka, Riedy & Ries, Mankato, MN, for Appellant.

Heard, considered, and decided by the court en banc.

OPINION

HANSON, Justice.

The issues presented in this appeal are whether a homeowner has a duty to protect a child invitee from sexual abuse by another adult resident in the home and whether the child has the legal capacity to assume the risk of that abuse. Between the ages of 14 and 18, respondent, Aja Bjerke, stayed at Island Farm, a horse farm owned by appellant Suzette E. Johnson, for progressively longer...

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