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KUHL v. HEINEN

Nos. A03-411, A03-431.

672 N.W.2d 590 (2003)

John C. KUHL, trustee for the Estate and next of kin of Julian J. Kuhl, Respondent (A03-411), Appellant (A03-431), v. Ruth Ann HEINEN, Appellant (A03-411), Respondent (A03-431), Elenore TORBORG, a/k/a Ella Torborg, Respondent, Richard ROE, et al., Defendants.

Court of Appeals of Minnesota.

December 17, 2003.

Attorney(s) appearing for the Case

John H. Bradshaw, Bradshaw & Bryant Law Offices, Eden Valley, MN, for respondent/appellant John C. Kuhl.

Timothy R. Murphy, Stephen M. Warner, O'Neill & Murphy, LLP, Saint Paul, MN, for appellant/respondent Ruth Ann Heinen.

Deborah C. Eckland, Goetz & Eckland, P.A., Minneapolis, MN, for respondent Elenore Torborg.

Considered and decided by TOUSSAINT, Chief Judge; WILLIS, Judge; and SHUMAKER, Judge.

OPINION

WILLIS, Judge.

Appellants challenge the district court's grant of summary judgment dismissing their negligence claim against respondent. Appellants argue that the presence of children on or near respondent's driveway distracted one of the appellants, who was driving on the adjacent highway, that respondent was negligent by allowing children from her in-home daycare center to gather on or near her driveway, and that respondent's negligence was a proximate...

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