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FOSS v. KINCADE

No. A07-313.

746 N.W.2d 912 (2008)

David Charles FOSS, as parent and natural guardian of David Gerald Warren Foss, minor child, and David Charles Foss, individually, Appellant, v. Jeremy KINCADE, et al., defendants and third party plaintiffs, Respondents, v. Peggy Foss, third party defendant, Respondent.

Court of Appeals of Minnesota.

April 8, 2008.

Attorney(s) appearing for the Case

Thomas G. Johnson, Todd M. Kleinhuizen, Johnson, Moody, Schmidt & Kleinhuizen, P.A., Willmar, MN, for appellant.

Louise Dovre Bjorkman, John M. Bjorkman, Mark A. Solheim, Larson King, LLP, St. Paul, MN, for respondents Jeremy Kincade, et al.

Peggy Foss, Lonsdale, MN, pro se, respondent.

Considered and decided by WILLIS, Presiding Judge; WRIGHT, Judge; and PORITSKY, Judge.

OPINION

WILLIS, Judge.

This appeal arises from a negligence action brought by appellant, whose child was injured when an empty bookcase fell onto him during a visit with his mother to respondents' home. The district court granted summary judgment dismissing appellant's complaint, concluding as a matter of law that respondents did not have a duty to protect appellant's child from the danger posed by the bookcase. We affirm.

FACTS

David Gerald...

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