PRESBREY v. JAMES

No. A09-1686.

781 N.W.2d 13 (2010)

Geraldine M. PRESBREY as Trustee for the heirs and next of kin of Paul C. Presbrey, Deceased, Appellant, v. Jonathan JAMES, et al., Respondents.

Court of Appeals of Minnesota.

April 13, 2010.


Attorney(s) appearing for the Case

Dean M. Salita, Brabbit & Salita, P.A., Minneapolis, MN, for appellant.

Marcus J. Christianson, Jorun Groe Meierding, Maschka, Riedy & Ries, Mankato, MN, for respondents.

Considered and decided by CONNOLLY, Presiding Judge; HUDSON, Judge; and JOHNSON, Judge.


OPINION

CONNOLLY, Judge.

Appellant challenges the district court's grant of summary judgment in favor of respondents on appellant's negligence action. The district court concluded that respondents did not owe a duty of care and that no genuine issues of material fact were in dispute. Appellant contends that the district court applied the wrong legal standard, and that respondents retained control of the worksite and therefore were required to reasonably...

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