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H.B. BY AND THROUGH CLARK v. WHITTEMORE

No. C0-94-2115.

552 N.W.2d 705 (1996)

H.B. and S.B., minor children, By and Through Tracy CLARK, their parent and natural guardian, et al., Respondents, v. Willard McLean WHITTEMORE, Respondent, SLS Partnership, a General Partnership, Petitioner, Appellant, Faegre & Lyons Management Resources, Inc., a Minnesota corporation, d/b/a Faelon Properties, Petitioner, Appellant.

Supreme Court of Minnesota.

August 29, 1996.

Attorney(s) appearing for the Case

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

Cosgrove, Flynn & Gaskins, Laurie A. Willard, Minneapolis, for Appellant SLS Partnership.

Jaspers, Moriarty and Walburg, P.A., Dennis Patrick Moriarty, Shakopee, for Respondents H.B. and S.B., By and Through Tracy Clark.

Bradford Colbert, Melissa Sheridan, LAMP Clinic, Saint Paul, for Respondent Willard McLean Whittemore.

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

OPINION

STRINGER, Justice.

In this case we are once again asked to consider whether requisite "special circumstances" exist to deviate from the general common law rule that one owes no duty to warn those endangered by the conduct of a third party. The complaint here alleged fraud and negligence claims against appellants, the owners and operators of the Eaton Mobile Home Park, arising out of incidents of sexual abuse of the respondent minor children perpetrated...

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