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H.B. BY AND THROUGH CLARKE v. WHITTEMORE

No. C0-94-2115.

533 N.W.2d 887 (1995)

H.B. and S.B., Minor Children, By and Through Tracy CLARKE, Their Parent and Natural Guardian, et al., Appellants, v. Willard McLean WHITTEMORE, SLS Partnership, a General Partnership, Faegre & Lyons Management Resources, Inc., a Minnesota Corporation, d/b/a Faelon Properties, Respondents.

Court of Appeals of Minnesota.

July 11, 1995.

Attorney(s) appearing for the Case

Dennis Patrick Moriarty, Jaspers, Moriarty and Walburg, P.A., Shakopee, for appellants.

Bradford Colbert, Melissa Sheridan, LAMP Clinic, St. Paul, for respondent Whittemore.

Laurie A. Willard, Cosgrove, Flynn, Gaskins, & O'Connor, Minneapolis, for respondent SLS Partnership.

Tony R. Krall, Michael M. Carter, Hanson Lulic & Krall, Minneapolis, for respondent Faegre & Lyons Management Resources, Inc.

Considered and decided by HUSPENI, P.J., and NORTON and KLAPHAKE, JJ.

OPINION

NORTON, Judge.

Appellant parents and their children challenge summary judgment on their negligence and fraud claims, arguing that respondents' failure to warn them of a dangerous resident resulted in the sexual abuse of the children. We affirm summary judgment on the fraud claim, but reverse and remand for trial on the negligence claim.

FACTS

Appellants Tracy Clarke, David Tietze, and Pamela Tietze are parents who brought this action...

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