|THE SAINT PAUL PERSONAL INJURY ATTORNEY
UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALSRoberta Berg, et al.,
Katherine Margaret Roth,
At the close of evidence in a jury trial on Roberta Berg's
negligence claim, the district court entered judgment as a matter of law
determining that Katherine Roth's negligence was one-hundred percent and
Berg's negligence was zero. Because the district court erred by
applying a nonrebuttable per-se-negligence standard rather than a
rebuttable prima-facie-evidence standard, we reverse and remand.
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Market America Corporation,
Jeff Reinert, et al.,
Edina Realty, Inc.,
Appellant Edina Realty, Inc., (Edina) challenges the
district court's determination that a settlement between respondent
Market America Corporation (Market America) and respondent Jeff
Reinert/Natural By Design Inc. (Reinert) was not a complete release, but
rather a Pierringer release. Although the district court erred in
characterizing the release as a Pierringer, because none of the parties
were prejudiced by this error in the conduct of the subsequent trial, we
affirm as modified.
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In the Matter of the Petition of
Option One Mortgage Corporation,
Regarding Certificate of Title No. 1110609
or the Current Certificate.
Appellant challenges the district court's adoption and
confirmation of the examiner of titles' conclusion that a
townhouse-association-assessment lien foreclosed by advertisement takes
priority over a subsequently recorded purchase-money mortgage. Because
the townhouse declaration is ambiguous as to whether the townhouse
association was limited to foreclosure by action, and because the
ambiguity is to be resolved against the drafter, we reverse and remand.
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In the Matter of the
Civil Commitment of:
Byron Kenneth Anderson.
Appellant Byron Anderson challenges the district court's
commitment judgment, arguing that the evidence is insufficient to
support a finding that he is a sexual psychopathic personality (SPP) or
a sexually dangerous person (SDP); the district court was collaterally
estopped from considering the petition; the district court erred by
admitting exhibits containing a portion of a polygraph report and police
records; and, as applied, the statutes authorizing civil commitment
violate appellant's right to due process and the prohibition against
double jeopardy. We affirm.
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In re the Matter of:
Leon J. Simon, et al.,
John R. Rupp, et al.,
Appellants challenge the district court's confirmation of an
arbitration award on the grounds that the arbitration panel exceeded its
powers and the award violates public policy. We affirm.
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Michael E. Douglas, Attorney at Law, Saint Paul MN. All Rights
Minnesota Lawyer representing Personal Injury, Car / Auto Accident, Workers Compensation, Medical Malpractice, Social Security Disability claims.
Dedicated to Injured Workers, Victims of Negligence, Car Accidents, Victims of Fraud, and those in need of legal assistance.