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KANTER v. METROPOLITAN MEDICAL CENTER

No. C6-85-1835.

384 N.W.2d 914 (1986)

Jeanette KANTER, as Trustee for Harold and Jeanette Kanter, the natural parents and heirs of the deceased Valerie Beth Kanter, Appellant, v. METROPOLITAN MEDICAL CENTER, Susan Murray, Respondents.

Court of Appeals of Minnesota.

April 15, 1986.

Attorney(s) appearing for the Case

Patrick W. Ledray, Michael J. Minenko, Katz, Lange, Davis & Manka, Ltd., Minneapolis, for appellant.

Sandra J. Skluzacek, Mahoney, Dougherty & Mahoney, Minneapolis, for Metropolitan Medical Center.

Carol A. Hooten, Jardine, Logan & O'Brien, St. Paul, for Susan Murray.

Heard, considered and decided by the court en banc, consisting of POPOVICH, C.J., and FOLEY, HUSPENI, LESLIE, FORSBERG, NIERENGARTEN and RANDALL, JJ.

OPINION

NIERENGARTEN, Judge.

Jeanette Kanter, as trustee, sues for the wrongful death of her daughter, Valerie, who drowned in a bathtub while a psychiatric patient under the supervision of nurse Susan Murray, an employee of Metropolitan Medical Center (MMC). Kanter argues that only ordinary negligence is required to be shown but the trial court held that Murray's decision to leave a psychiatric patient alone in the bathtub for a few minutes, required professional...

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