Negligence

Negligence
Where plaintiff was on his father-in-law's property and was participating in a project directed by his father-in-law; father-in-law told his sons and sons-in-law what to do, made the decision of where they would place debris being removed from a loft, and positioned a tractor's bucket beside the loft; plaintiff fell from the loft while he and another son-in-law were trying to throw an automobile axle into the bucket; and father-in-law directed the two men to "just throw it in there" because he could not "get [the bucket] ... any better than that"; we conclude that the record supports the jury's determination that plaintiff may recover from his father-in-law in negligence because father-in-law should have anticipated the harm despite the obviousness of the danger to plaintiff.
Davis v. Walter (Mower County) A06-457

Driving Conduct

Driving Conduct
Where a driver ran a red light and collided with a vehicle; and the driver testified that he sneezed several times as he approached the intersection, that when he stopped sneezing he was blinded by the sun, that he was aware of the upcoming intersection during the sneezing episode, and that he decided not to brake or take his foot off the accelerator; the Court concluded it was error to instruct the jury on the emergency rule because none of the Minnesota cases dealing with the emergency rule have involved sneezing or a comparable physical problem, and the evidence does not support a conclusion that sneezing deprived the driver of time for thought or the opportunity to weigh alternative courses of action or required him to act speedily by impulse or instinct.
Barnes v. Dees (Hennepin County) A06-240

Slip and Fall

Slip and Fall
Even though abutting property owners attempted to remove snow and ice accumulation on the sidewalk, they are not liable for plaintiff's injuries which he sustained when he fell on the city-owned portion of the sidewalk. While record photographs show that a pool of water had accumulated at the end of the driveway on the date of appellant's fall due to a mid-winter thaw, and the record also suggests that ice had melted from the snow banks on the sides of the driveway, which had been created, at least in part, by respondents' snow and ice removal activities, the existence of these conditions is typical during the course of a Minnesota winter, and does not constitute evidence of an artificial or dangerous condition.
Byrne v. Kropp (Olmsted County) A06-550

Slip and Fall
Where, after a 12-14 inch snowfall, city employees plowed the snow on a sidewalk, used a sidewalk sweeper, and then applied sand, salt, or calcium chloride to any icy patches that remained; and about seven hours later, plaintiff fell on a sidewalk she described as wet, sloppy, and slushy; the District Court did not err in granting summary judgment to the city because the city owed no duty to plaintiff under the mere slipperiness doctrine.
Juran v. City of White Bear Lake (Ramsey County) A06-196