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UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALSRoberta Berg, et al.,Respondents, vs. Katherine Margaret Roth, Appellant. LANSING, Judge 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. = = = = A06-693 Market America Corporation, Respondent, vs. Jeff Reinert, et al., Respondents, Edina Realty, Inc., KALITOWSKI, Judge 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. = = = = A06-764 In the Matter of the Petition of Option One Mortgage Corporation, Regarding Certificate of Title No. 1110609 or the Current Certificate. SHUMAKER, Judge 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. = = = = A06-2008 In the Matter of the Civil Commitment of: Byron Kenneth Anderson. CRIPPEN, Judge 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. = = = = A06-475 A06-476 In re the Matter of: Leon J. Simon, et al., Appellants, vs. John R. Rupp, et al., Respondents. CRIPPEN, Judge 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
Reserved. 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. |
