Western National Insurance Company vs. Nguyen, A17-0314 (Minn. Ct. App. September 18, 2017) On September 18, 2017 the Court of Appeals of Minnesota released its decision in Nguyen. This decision is of benefit to no-fault insurers throughout Minnesota. Facts Nguyen sustained injuries in a January, 2011 car accident. The accident occurred in the course and scope of Nguyen’s employment and while he was driving his employer’s vehicle. Nguyen’s employer initially paid injury-related medical … [Read more...]
Stand Up Multipositional Advantage MRI, P.A. v. American Family Insurance Company, et al.
After being injured in a motor vehicle accident, American Family policyholders sought treatment from Plaintiff Stand Up MRI. Prior to being provided treatment, however, Stand Up MRI required those policyholders to sign an "irrevocable assignment of insurance benefits." The assignment included the right to receive benefits, the right for Stand Up MRI to pursue claims in its own name, and the right to settle claims without the consent of the policyholder. It also included language that the … [Read more...]
Binkley v. Allina Health System, et al, 2016 WL 1358036 (Minn. April 6, 2016).
Plaintiff filed medical malpractice suit after her son was refused voluntary admission to Defendant’s inpatient mental health program, as Defendant’s doctor did not view decedent as “a good candidate” for a program following decedent’s failure to follow through with a similar program nine months earlier. Plaintiff’s son committed suicide days later. The Minnesota Supreme Court held that Defendant had immunity for their good faith action in refusing decedent’s admission under the Minnesota … [Read more...]
INS – error granting pre-award interest for appraisal award per ins. policy w/o underlying K breach or wrongdoing; payments made per K aren’t damages
The Minnesota Court of Appeals considered the application of Minnesota’s prejudgment interest statute, Minn. Stat. § 549.09, subd. 1(b), finding it does not apply to appraisal awards made pursuant to the terms of an insurance policy without an underlying breach of contract or actionable wrongdoing. Poehler v. Cincinnati Insurance Company, A15-0958 (Minn. App. Jan. 25, 2016). … [Read more...]
Webb v. Ethicon Endo-Surgery, Inc., No. CV 13-1947 (JRT/JJK), 2015 WL 6756046 (D. Minn. Nov. 4, 2015)
The Court held that Webb’s Rule 702 motion to exclude expert testimony failed to show the three medical experts methods were unreliable because: (1) disagreement on conclusions of the experts is not a sufficient basis to establish that the opinions are contrary to accepted scientific practice and these issues are more appropriately the subject of cross examination; (2) Webb’s issue was with the accuracy of the experts analysis rather than the general reliability of the methods and these issues … [Read more...]
LaPoint v. Family Orthodontics, P.A., A15-0396 (Minn. App. Dec. 14, 2015).
Direct evidence of pregnancy discrimination existed to overturn a jury’s verdict in favor of the employer where the employer rescinded a job offer upon learning of the applicant’s pregnancy and anticipated length of maternity leave. LaPoint v. Family Orthodontics, P.A., A15-0396 (Minn. App. Dec. 14, 2015). … [Read more...]
Nemec v. Wal-Mart Associates, Inc. d/b/a Wal-Mart Store #1757 – MHRA Age Discrimination
The court held that Wal-Mart’s termination of a Pharmacy Manager, due to Wal-Mart’s determination that there was “blatant disregard” by the employee of a visual verification standard operational procedure in the Pharmacy Operations Manual, was a legitimate, nondiscriminatory, reason for discharge and Plaintiff failed to present evidence to support the assertion that Wal-Mart’s reason for termination was pretext for age discrimination, and therefore, the court granted Wal-Mart’s summary judgment … [Read more...]
State Farm Ins. Cos. v. Wuorenma, A15-0763 (Minn. Ct. App. Nov. 16, 2015) (unpublished).
A full, final and complete settlement in a workers’ compensation matter, which unambiguously closes out all claims, precludes an employee from being subsequently awarded no-fault benefits in relation to the same incident. State Farm Ins. Cos. v. Wuorenma, A15-0763 (Minn. Ct. App. Nov. 16, 2015) (unpublished). … [Read more...]
Contech Engineered Solutions LLC v. Element Materials Technology St. Paul Inc.
Contech built a bridge that was to be installed in Michigan and hired Element, an engineering construction firm, to inspect and test the structural welds. Element reported that the welds were not defective but upon transportation to Michigan, deficiencies were identified requiring Contech to remedy the defective welding. A 2-year Statute of Limitations under Minn. Stat. § 541.051 applies to a company providing engineering consultancy. When Element inspected the bridge and reported that the welds … [Read more...]
Strelow v. Winona Steamboat Days Festival Ass’n
Plaintiff Strelow was in attendance at the beer tent of a local festival when in her attempt to catch a Frisbee that was thrown in the crowd, Strelow tripped over what she perceived to be electrical cords on the ground. Strelow failed to prove that the Defendant caused the cords to be placed where she fell, or knew or should have known about the existence of the cords. The Court held that a Defendant owes no duty as a matter of law to warn or protect Plaintiff from an injury when the evidence is … [Read more...]