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EMPLOYERS MUT. CO. v. OPPIDAN

No. C0-93-757.

518 N.W.2d 33 (1994)

EMPLOYERS MUTUAL COMPANY, petitioner, Appellant, v. "OPPIDAN" a/k/a Duluth Regional Care Center, Inc., Avis Skoglund-Weber, individually and as guardian of the person and estate of Robert Weber, Respondents.

Supreme Court of Minnesota.

June 30, 1994.

Attorney(s) appearing for the Case

Kay N. Hunt, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for appellant.

James A. Wade, Johnson, Killen, Thibodeau & Seiler, P.A., Duluth, for "Oppidan".

Robert E. Mathias, Mathias & Paul, P.A., and Gene W. Halverson, Eric D. Hylden, Halverson, Watters, Bye, Downs, Reyelts & Bateman, Ltd., Duluth, for Avis Skoglund-Weber.

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

OPINION

COYNE, Justice.

While living in Oppidan House, a semi-independent living facility for retarded adults owned and operated by Duluth Regional Care Center, Inc., Robert Weber suffered a debilitating epileptic seizure. Robert and his mother, Avis Skoglund, sued Duluth Regional Care Center, Inc., on the ground set out in this allegation:

3. On May 4, 1987, Robert Weber had an epileptic seizure that was directly caused by the failure of the defendant...

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