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ANDERSON BY ANDERSON v. SHAUGHNESSY

Nos. C9-93-2426, C5-94-182.

526 N.W.2d 625 (1995)

Katherine ANDERSON, a minor, by Ronald C. ANDERSON and Melinda Pattee, her parents and natural guardians, Appellant (C9-93-2426), Respondent (C5-94-182), v. Stephen SHAUGHNESSY, Jr., Respondent (C9-93-2426), Appellant (C5-94-182), Independent School District No. 273, Petitioner, Appellant, Stephen SHAUGHNESSY, Jr., Defendant and Third-Party Plaintiff, Respondent (C9-93-2426), Appellant (C5-94-182), v. BENJAMIN SHERIDAN CORPORATION, a DIVISION OF SHERIDAN PRODUCTS, et al., Pursuit Marketing, Third-Party Defendants, Respondents.

Supreme Court of Minnesota.

Rehearing Denied February 28, 1995.

Attorney(s) appearing for the Case

Kay Nord Hunt, Ehrich L. Koch, Marc A. Johannsen, Minneapolis, for appellant.

Richard J. Shieffer, John W. Wood, Jr., Johnson & Wood, P.A., Wayzata, for Katherine Anderson, etc., appellant (C9-93-2426), respondent (C5-94-182).

Austin Ditzler, Minneapolis, for Benjamin Sheridan Corp.

Mark J. Peschel, Minneapolis, for Stephen Shaughnessy, Jr., respondent (C9-93-2426), appellant (C5-94-182).

Considered and decided by the court en banc without oral argument.

OPINION

TOMLJANOVICH, Justice.

We granted the petition for further review to consider the question of the propriety of the court of appeals' reversal of the summary judgment entered in the school district's favor. The court of appeals concluded the school district owed a duty to Katherine Anderson, and reversed the summary judgment and remanded the questions of any breach of that duty and causation for trial with other claims asserted by the plaintiffs against...

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