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FOSS v. KINCADE

No. A07-0313.

766 N.W.2d 317 (2009)

David FOSS, (as parent and natural guardian of David Gerald Warren Foss, minor child, and David Foss, individually), Appellant, v. Jeremy KINCADE and Stephanie Kincade, Defendants and Third-Party Plaintiffs, Respondents/Appellants, v. Peggy Foss, Third-Party Defendant/Respondent.

Supreme Court of Minnesota.

May 14, 2009.

Attorney(s) appearing for the Case

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

John M. Bjorkman, Mark A. Solheim, Larson King, LLP, St. Paul, Minnesota, for third-party plaintiffs, respondents/appellants.

Peggy Foss, Lonsdale, Minnesota, pro se, third-party defendant/respondent.

OPINION

ANDERSON, PAUL H., Justice.

On October 15, 2003, three-year-old David Foss, Jr., was seriously injured by a falling bookcase while he was a guest in the home of respondents Stephanie and Jeremy Kincade. David Foss, Sr., on behalf of himself and his son, brought this action against the Kincades alleging that the Kincades' negligent failure to secure the bookcase to a wall was the cause of David's injuries. The Rice County District Court granted summary...

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