BECKER v. MAYO FOUNDATION

No. A05-45.

737 N.W.2d 200 (2007)

Nancy BECKER and Michael Becker, individually and as parents and guardians for Nykkole E. Becker f/k/a Nykkole E. Rossini, Appellants, Minnesota Department of Human Services, Plaintiff Intervenor, Appellant, v. MAYO FOUNDATION, Respondent.

Supreme Court of Minnesota.

August 16, 2007.


Attorney(s) appearing for the Case

Chris A. Messerly, Laura M. Provinzino, Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, MN, for Appellants and State of Minnesota.

Paul B. Klaas, Gillian Brennan, Dorsey & Whitney LLP, Ann E. Decker, Fredrickson & Byron, Minneapolis, MN, for Respondent.

Gail Chang Bohr, Children's Law Center of Minnesota, St. Paul, MN, Mary R. Vasaly, Mason, Edelman, Borman & Brand, L.L.P., Minneapolis, MN, for Amicus Curiae Children's Law Center of Minnesota.

Elizabeth Melton, Ani Backa Hartzheim, Foley & Mansfield PLLP, Minneapolis, MN, for Amicus Curiae Prevent Child Abuse Minnesota.

Karen J. Kingsley, Kingsley Law Office, P.A., St. Paul, MN, for Amicus Curiae Minnesota Trial Lawyers Association.

Michael G. Finnegan, Jeff Anderson & Associates, P.A., St. Paul, MN, for Amicus Curiae Survivors Network Minnesota.

Mark. R. Whitemore, Charles E. Lundberg, Susan E. Gustad, Bassford Remele, Minneapolis, MN, for Amicus Curiae Minnesota Hospital Association; Minnesota Medical Association; American Medical Association; Minnesota Orthopaedic Association; American Association of Orthopaedic Surgeons; American College of Emergency Physicians; and American Academy of Pediatrics, Minnesota Chapter.

Louise Dovre Bjorkman, Paula Duggan Vraa, Carrie A. Daniel, Larson King, L.L.P., St. Paul, MN, for Amicus Curiae Minnesota Defense Lawyers Association.

John Michael Jerabek, Niemi, Barr & Jerabek, P.A., Minneapolis, MN, for Amicus Curiae.

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


OPINION

ANDERSON, PAUL H., Justice.

The adoptive parents of a child abused by her biological father sued the hospital that treated the child. The parents alleged that the hospital's physicians failed to prevent ongoing abuse. The district court granted the hospital's motion to strike three counts in the parents' complaint and ruled that the parents could not introduce evidence of the hospital's failure to report suspected child abuse to outside authorities...

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