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FUNCHESS v. CECIL NEWMAN CORP.

No. C8-00-90.

632 N.W.2d 666 (2001)

Janice FUNCHESS, Trustee for the Heirs of J.W. Haynes, decedent, Respondent, v. CECIL NEWMAN CORP., et al., Petitioner, Appellants.

Supreme Court of Minnesota.

August 23, 2001.

Attorney(s) appearing for the Case

William F. Mohrman, Mohrman & Kaardal, P.A., Minneapolis, for appellant.

John O. Murrin, Christopher A. LaNave, Murrin Law Firm, Edina, for respondent.

Rebecca L. Rom, Chad M. Oldfather, Faegre & Benson, LLP, Minneapolis, for amicus curiae, Family Housing Fund.

Ann E. Juergens, William Mitchell Law Clinic, St. Paul, for amicus curiae, Mid-Minnesota Legal Assistant, Inc.

John G. Horner, Horner Law Office, Savage, for amicus curiae, Minnesota Multi-Housing Association.

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

OPINION

LANCASTER, Justice.

At approximately 11 p.m. on May 12, 1995, three unidentified intruders entered the apartment leased by J.W. Haynes, Jr. at the Cecil Newman Plaza apartment complex and shot Haynes, killing him. The killers were never apprehended. Respondent Janice Funchess, Haynes' mother and trustee for his heirs, filed suit alleging that Haynes' death resulted from negligence by appellants Cecil Newman Corporation and Gravzy Group LLC (collectively...

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