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BUNDY v. HOLMQUIST

No. A03-314.

669 N.W.2d 627 (2003)

Debra Lynn BUNDY, et al., Appellants, v. Lou Ann HOLMQUIST, Defendant and third-party plaintiff, Respondent, Kathleen A. Lamm, Defendant and third-party plaintiff, Respondent, Karen M. Johnson, Defendant and third-party plaintiff, Respondent, v. William B. Nelson, et al., Third-party defendants, Respondents.

Court of Appeals of Minnesota.

October 7, 2003.

Attorney(s) appearing for the Case

Randolph T. Brown, Marcus C. Stubbles, P.A., Long Prairie, for Appellants.

Paul A. Rajkowski, Leanne D. Bartishofski, Rajkowski Hansmeier Ltd., St. Cloud, for respondent Karen Johnson.

Dyan Ebert, William V. Faerber, Quinlivan & Hughes, P.A., St. Cloud, for respondent Kathleen Lamm.

Terrence R. Peterson, Scott A. Brehm & Assoc's, St. Paul, for respondent Lou Ann Holmquist.

Marcus Christianson, Maschka, Riedy & Ries, Mankato, for respondents William Nelson, Patricia Nelson and Charles Reichert.

Considered and decided by HUDSON, Judge, RANDALL, Judge, and MINGE, Judge.

OPINION

MINGE, Judge.

Appellants claim that respondent family created a condition on real estate that caused appellant wife's injuries. The district court granted summary judgment, dismissing the claim on the ground that respondent family had no duty to appellants because the respondent family neither owned nor possessed the property. Because persons who create an unreasonable risk of harm that results in injury are subject to liability for injuries caused...

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