THE SAINT PAUL PERSONAL INJURY ATTORNEY  
Minneapolis attorney Michael E. Douglas Attorney at Law
  Minneapolis Personal Injury Attorney
  St. Paul Workers Compensation Lawyer work comp attorney
 > About Me
   :: My Commitment
   :: Our Community
   
 > Legal Practice Areas
  twin cities comsumer lawPersonal Injury
   :: Traffic Accidents
   :: Medical Malpractice
   :: Social Security Disability
   :: Premises Liability
   :: Wrongful Death
   :: Dog Bite
   :: Back/Spinal/Neck Injuries
   :: Whiplash
   :: Defective Medical Devices
   :: Defective Drugs
  Minnesota Personal InjuryWorkers Compensation
  St. Paul personal injuryConsumer Law
   :: Debt Collection
   :: Repossessions
   :: Foreclosures
   :: Loan, Credit, Banking
   :: Arbitration Agreements
   :: Deception and Fraud
   :: Auto Fraud / Lemon Law
   :: Warranties
   :: Predatory Lending
   
 > Contact Us
   :: Contact Us
 

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UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALS

In re the Marriage of:
Leslie L. Kozel, n/k/a Leslie Kurzontkowski, petitioner,
Appellant,

vs.

Kevin P. Kozel,
Respondent.

RANDALL, Judge
On appeal to this court following remand and the district court's
subsequent affirmation of its previous order imputing income for the
purpose of determining appellant-mother's child support obligation,
appellant argues: (1) the district court did not properly execute this
court's remand order to impute income based on the factors enumerated in
Minn. Stat. ? 518.551, subd. 5b(d) (2002); (2) the district court
improperly declined to reopen the record on remand to receive new
evidence regarding appellant's earning capacity, and as a result,
overstated her earning capacity; (3) the district court abused its
discretion in denying appellant's motion to modify her existing support
obligation. We affirm on all issues.

= = = =

A05-2154

Nicholas D. Juhl,
Relator,

vs.

Northwest Manufacturing, Inc.,
Respondent,

Department of Employment and Economic Development,
Respondent.


RANDALL, Judge
On certiorari appeal from the decision by the ULJ affirming
his earlier decision that relator was discharged for misconduct after he
failed to report for work on July 21, 2005, due to personal reasons and
without adequate notice, relator argues that his absence from work did
not constitute employment misconduct because the absence did not cause a
hardship on the employer and because there was some confusion as to
whether relator had been approved to take the day off. We affirm.

= = = =

A05-2337
A05-2556

Signature Bank,
Appellant,

vs.

Marshall Bank,
Respondent.

PETERSON, Judge
In these consolidated appeals, appellant bank challenges summary
judgment on its claims based on a loan-participation agreement for which
the underlying loan went into default, arguing that (a) it pleaded fraud
with sufficient particularity under Minn. R. Civ. P. 9.02; (b)
respondent bank owed appellant a duty of care that it breached, making
respondent liable for negligent misrepresentation; (c) the
loan-participation agreement was a security under Minn. Stat. ? 80A.14,
subd. 18(a) (2004), and misrepresentations respondent made regarding the
participation agreement violated Minn. Stat. ? 80A.01 (2004); (d)
respondent breached the loan-participation agreement because the loan
guarantees were forged; and (e) attorney fees should not have been
awarded under the loan-participation agreement. We affirm.

= = = =

A05-1843

Dianna S. Bach, as Legal Guardian of the Person
of Brett L. Bach, et al.,
Appellants,

vs.

Scott Gehl,
Respondent,

Case Corporation,
Respondent.

WILLIS, Judge
In this tort action, appellants challenge the district court's
dismissal with prejudice of their claims after a jury trial. Appellants
argue that several of the district court's evidentiary rulings had a
prejudicial effect on the jury verdict and warrant a new trial. We
affirm.

= = = =

A06-128

Phyllis L. Lawrence, as Trustee for the heirs and next of kin
of Caleb Keown Lawrence, decedent,
Appellant,

vs.

Silver Lake Clinic, P.A., et al.,
Respondents.

SHUMAKER, Judge
In this medical-negligence action, the district court
determined that another physician's negligent acts or omissions
superseded the omissions of the respondents and granted summary judgment
in respondents' favor. Appellant contends that the court improperly
decided disputed material facts. Because we find that there exist
genuine issues of material fact for trial, we reverse and remand.

= = = =

A05-2466

David A. Sweeter, judgment creditor,
Respondent,

vs.

Power Industries, Inc., et al.,
Judgment Debtors,

and

General Motors Acceptance Corporation,
Garnishee,

and

Paradigm Industries, Inc., claimant,
Appellant.

WORKE, Judge
On appeal from the district court's order in a garnishment
proceeding, appellant argues that the district court (1) exceeded its
authority by addressing the issue of appellant's liability to
respondent, and (2) erred in its decision that respondent was entitled,
under the theory of successor liability, to garnished funds owed to
appellant. We affirm.
 

 
 
 

  What day were you injured?

  / /


  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


 
          By visiting this page or clicking the
  "submit" button above, you agree
  that you have read and accept this   "disclaimer".
 
Copyright © 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.