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SPITZAK v. HYLANDS, LTD.

No. C3-92-2217.

500 N.W.2d 154 (1993)

Patricia SPITZAK, individually and as Natural Parent and Guardian Ad Litem for Anthony Spitzak, a minor, Appellants, v. The HYLANDS, LTD., et al., Respondents, Parents of Terry Vale, et al., Defendants.

Court of Appeals of Minnesota.

Review Denied July 15, 1993.

Attorney(s) appearing for the Case

David A. Shulman, Mary Mason, Rochester, John Sperry, Eden Prairie, for appellants.

Scott Ballou, Leo I. Brisbois, Stich, Angell, Kreidler & Muth, P.A., Minneapolis, for respondents.

James Carlson, Muir, Heul, Carlson & Spellhaug, P.A., Rochester, Timothy Waldech, Minneapolis, for defendants.

Considered and decided by PETERSON, P.J., and HUSPENI and RANDALL, JJ.

OPINION

RANDALL, Judge.

Appellant Patricia Spitzak filed suit on behalf of her son Anthony Spitzak against respondents The Hylands, Ltd. and Pembco. In her negligence claim, Spitzak contends respondents failed to provide adequate security to protect her son, a tenant, against foreseeable injury caused by third persons.

Respondents moved for summary judgment, arguing they had no duty to protect because there was no "special relationship" between the...

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