1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 835 N.W.2d
  5. 835 N.W.2d 629 (2013)
 

EISCHEN v. CRYSTAL VALLEY CO-OP.

No. A13-0104.

835 N.W.2d 629 (2013)

Kurt EISCHEN, et al., Appellants, v. CRYSTAL VALLEY COOPERATIVE, defendant and third party plaintiff, Respondent, v. Dan Eischen, third party defendant, Respondent.

Court of Appeals of Minnesota.

August 5, 2013.

Attorney(s) appearing for the Case

John M. Riedy , Nicholas J. Maxwell , Maschka, Riedy & Ries, Mankato, MN, for appellants.

Richard W. Sobalvarro , Matthew W. Moehrle , Rajkowski Hansmeier, Ltd., St. Cloud, MN, for respondent Crystal Valley Cooperative.

Paul N. Muske , Muske, Muske & Suhroff, Springfield, MN, for respondent Dan Eischen.

Considered and decided by HUDSON, Presiding Judge; STONEBURNER, Judge; and SCHELLHAS, Judge.

OPINION

SCHELLHAS, Judge.

Appellants argue that the district court erroneously dismissed their negligence claim against respondent on summary judgment based on the court's application of the primary-assumption-of-risk doctrine. We agree, and we reverse and remand for trial.

FACTS

Appellants Kurt Eischen and JoAnn Eischen (Eischens) sued respondent Crystal Valley Cooperative, alleging that Crystal Valley's negligence caused Kurt Eischen...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases