DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
102545P.pdf 09/14/2011 Christine Gage v. HSM Electronic Protection
U.S. Court of Appeals Case No: 10-2545
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Bye, Author, with Wollman, Circuit Judge, and
Fleissig, District Judge]
Civil case - torts. The Minnesota Supreme Court's case law recognizing
and developing willful and wanton negligence is still valid, provides a
precise definition of the claim and is binding in federal court; as a result,
the district court erred in finding the line between willful and wanton
negligence and gross negligence had blurred and in relying on New York
case law on the subject; in addition to misapplying state law, the district
court erred in granting defendant's motion for summary judgment as there
was genuine issue of material fact as to whether the defendant, who knew
of a peril in plaintiff's home, exercised reasonable and ordinary care in
response.