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Law Offices of Michael E. Douglas
P.O. Box 251551
Woodbury, Minnesota 55125-6551
   

Saint Paul Lawyer
 
 mdouglas@injurylawstpaul.com

 

UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALS

A06-1183

Steven M. Maus,
Appellant,

vs.

George J. Galic,
Respondent,

William Lewis,
Respondent,

Chestnut & Cambronne, PA,
Respondent.

LANSING, Judge
Steven Maus appeals the district court's decision granting
the Chestnut & Cambronne law firm's motion for an attorney's lien on
Maus's partnership-dissolution trust account. Maus argues that the
district court, which approved a special master's order, failed to
properly consider his claims that Chestnut & Cambronne violated the
state usury law, the federal Truth in Lending Act, and rule 1.8 of the
Minnesota Rules of Professional Conduct. Because proceedings to
establish and enforce an attorney's lien are summary in nature and
cannot properly address Maus's legal defenses, we affirm.

= = = =

A06-765

Midland Glass Co., Inc.,
Appellant,

vs.

Aluma Spec, Inc.,
Respondent,

EFCO Corporation,
Respondent,

Minneapolis Public Schools,
Special School District No. 1,
Respondent,

C. L. Paulson & Associates, Inc.,
Respondent,

Rozeboom Miller Architects, Inc.,
Defendant.


LITOWSKI, Judge
Appellant Midland Glass Co., Inc. challenges the district court's
grant of summary judgment on its antitrust, promissory estoppel, and
intentional interference with contractual relations claims against
respondents Aluma Spec, Inc., EFCO Corp., C.L. Paulson & Associates, and
Minneapolis Public Schools, Special School District No. 1. We affirm.

= = = =

A06-1431

Rodeshia C. Galbert,
Relator,

vs.

Wells Fargo Bank, N.A.,
Respondent,

Department of Employment and Economic Development,
Respondent.

KLAPHAKE, Judge
Relator Rodeshia Galbert challenges a decision by an
unemployment law judge (ULJ) that affirms on reconsideration an earlier
decision by the ULJ dismissing relator's appeal as untimely. Relator
acknowledges that she erroneously faxed her appeal letter to the
unemployment office, rather than to the appeals office. She
nevertheless insists that she should be given an opportunity to discuss
her reasons for quitting her job as a lead teller with respondent Wells
Fargo Bank. Because relator's appeal was not filed within 30 days after
the determination of disqualification was mailed to her, we affirm the
ULJ's dismissal of this appeal as untimely.

= = = =

A06-409

Melissa A. Parsons,
Relator,

vs.

Minnesota Care Staffing, Inc.,
Respondent,

Department of Employment and
Economic Development,
Respondent.

KLAPHAKE, Judge
Relator Melissa Parsons challenges a decision by an
unemployment law judge (ULJ) that affirms on reconsideration an earlier
decision that relator was disqualified from receiving unemployment
benefits because she was discharged for employment misconduct. Relator
argues that the ULJ erred in concluding that relator's reasons for
missing work-illness and car troubles-constituted employment misconduct
under the applicable statutory definition. Because relator's
cancellation of 16 shifts over a six-week period was excessive and
contrary to the policies set out by her employer, we affirm the ULJ's
decision.

= = = =

A06-2047

In the Matter of the Welfare of the Children of T. C., Parent.

HALBROOKS, Judge
On appeal from the district court's termination of her parental
rights, appellant argues that (1) the district court and the county
failed to make adequate efforts to reunify her with her children; (2)
the record does not support the district court's conclusion that
appellant failed to correct the conditions leading to the children's
out-of-home placement; (3) the district court committed clear error by
finding that the children were neglected and in foster care; and (4) the
district court erred by refusing to allow appellant more time to comply
with the out-of-home service plan. We affirm.

= = = =

A06-1801

In re the Marriage of:
Cole Dylan Petersen, petitioner,
Appellant,

vs.

Angie Lee Petersen,
Respondent.

HALBROOKS, Judge
In this appeal from a dissolution judgment, appellant argues
that the district court abused its discretion by denying his motion for
amended findings when it (1) awarded respondent sole physical custody of
the parties' child because the parties could not agree to joint physical
custody; (2) failed to discuss how its factual findings on the statutory
best-interests and joint-custody factors weighed either for or against
each party and failed to draw a nexus between such findings and its
conclusions, and (3) failed to sufficiently explain its reasons for
rejecting the custody evaluator's recommendation for joint physical
custody. Because we conclude that the district court acted within its
discretion, we affirm.

= = = =

A06-1264

In re the Arbitration of:
Cincinnati Insurance Company,
Respondent,

vs.

Tyco Fire Products, f/k/a Central Sprinkler Company,
Appellant.

STONEBURNER, Judge

Appellant asserts that the district court erred by vacating
an arbitration award on the basis that it was procured by undue means.
Because the record supports a determination that the exclusion of
respondent from the arbitration proceeding was procured by undue means,
and because the manner in which this arbitration proceeded violated the
due-process provisions of the Arbitration Act, substantially prejudicing
respondent, we affirm.

= = = =

A06-1153

Jaime N. McCoy,
Relator,

vs.

County of Ramsey,
Respondent,
Department of Employment and Economic Development,
Respondent.


STONEBURNER, Judge

Relator challenges the denial of unemployment benefits,
arguing that because she quit her employment to accept a new job that
provided substantially better terms and conditions of employment, and
through no fault of her own, the new job became unavailable, the
unemployment-law judge (ULJ) erroneously determined that she was
disqualified from receiving benefits. Because we conclude that
relator's new job did not provide substantially better terms and
conditions of employment, we affirm.

= = = =

A06-358
A06-742
Rand Claussen
Appellant,
Barbara Claussen,
Appellant,
Edward Salovich, et al.,
Plaintiffs,

vs.

City of Lauderdale, Minnesota,
Respondent,
Paul Nolan, et al.,
Respondents,
Dennis Dolphin, et al.,
Defendants.

STONEBURNER, Judge

Pro se appellants challenge two district-court orders
relating to a boundary line between their property and property owned by
respondent City of Lauderdale[1] and denying attorney fees to
appellants. We affirm.

= = = =

A06-753

Vadia Smith-White,
Relator,

vs.

Allina Health System,
Respondent,

Department of Employment and Economic Development,
Respondent.

WRIGHT, Judge

Relator challenges the unemployment law judge's decision on
reconsideration that relator was discharged for employment misconduct
and is, therefore, disqualified from receiving unemployment benefits.
We affirm.

= = = =
A06-775

Kerry A. Youngdale,
Relator,

vs.

Sunbelt Sales & Leasing Inc.,
Respondent,

Department of Employment and Economic Development,
Respondent.

DIETZEN, Judge

In this certiorari proceeding, relator challenges the
decision of the unemployment law judge (ULJ) that he was discharged for
employment misconduct and, therefore, was disqualified from receiving
benefits, arguing that his activities did not constitute employment
misconduct. Because the ULJ's decision was supported by substantial
evidence in the record as a whole, we affirm.

= = = =

A06-495


Ann Wilson, as Trustee for the
Next of Kin of Scott Wilson, Deceased,
Appellant,

vs.

City of Burnsville,
Respondent,

VisionAir, Inc., a North Carolina corporation,
Defendant.

WORKE, Judge
Appellant Ann Wilson challenges the partial summary judgment
granted by the district court under Minn. R. Civ. P. 54.02 to respondent
City of Burnsville, arguing that official immunity and the public-duty
doctrine do not bar her claim against the city for negligent provision
of 911 emergency services.
As to official immunity, we hold that the dispatcher's act
of providing the incorrect address was a ministerial act not protected
by official immunity, while the emergency responders' act of driving
first to an incorrect location before reaching the scene of the
emergency is a discretionary decision protected by official immunity.
But because the public-duty doctrine applies to the city's provision of
emergency services, appellant's negligence claim against the city is
barred, and we affirm.

= = = =

A06-947
A06-1418


In re the Marriage of:
Penny Jeanne Dittbrenner,
petitioner,
Respondent,

vs.

Anthony Allen Dittbrenner,
Appellant.

CRIPPEN, Judge
Appellant Anthony Dittbrenner challenges the district
court's findings and conclusion on its placement of physical custody of
the youngest of the party's children with respondent Penny Dittbrenner.
Except for a single finding, we affirm the district court's findings of
fact; thus, reversing in part, we remand for further proceedings not
inconsistent with this opinion.

= = = =

A06-1303

Laura Chigozini Iroabuchi,
Relator,

vs.

Commissioner of Human Services,
Respondent.

COLLINS, Judge
Relator challenges the decision of the Department of Human
Services (DHS), which disqualified her from holding any position
allowing direct contact with persons who receive services from
DHS-licensed programs, arguing that (a) she has accepted full
responsibility for her underlying crime and served four months in an
adult correction facility; (b) hers was not a crime against persons and
she does not otherwise have a criminal background; and (c) with this
disqualification she is effectively disabled from completing her nursing
education and becoming a nurse. We affirm the DHS's decision.
 

 
 
 

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  What caused your injuries?
Traffic/Bicycle Accident
Work-Related Injury
Wrongful Death
Dog Bite
Slip and Fall
Other:


  How have your injuries affected

  your life?

 


  What kinds of medical care
  professionals have you seen?

 


  What has your treatment cost?

 

  Is Insurance Involved?
My insurance may cover
        this.

Someone else's insurance
        may cover this.

I already filed a claim.
I rejected a settlement
        offer.

I accepted a settlement
        offer.

  Were there any witnesses?
Bystanders Witnessed This.
Police Responded and Filed
        a Police Report

Police Responded but Did
        Not File a Police Report


 
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