· 11/17/1978
Illinois Farmers Insurance Co. v. Tapemark Co.
Citations
- 273 N.W.2d 630
- 1978 Minn. LEXIS 1201
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the issue of foreseeability should be submitted to the jury where “reasonable persons might differ”
- holding that a fact issue precluded summary judgment when “reasonable persons might differ” as to the foreseeability of a car being stolen arid injuring another person
- remanding to the district court for consideration of whether the allegedly negligent party “knew or should have known” of the dangerous circumstances
- “[W]here there is a genuine issue as to the existence of special circumstances [indicating foreseeability of the injury], summary judgment for the defendant is inappropriate.”
- negligence, although normally a fact question, is susceptible to summary adjudication where the material fact issues are undisputed and as a matter of law compel only one conclusion
Source: CourtListener parenthetical corpus (CC0).
Judges: Sheran, Ro-Gosheske, Peterson, Yetka, Wahl
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.