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| Johnson v. Home Depot U.S.A., Inc., A06-1870,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Where the customer slipped and fell on the sidewalk outside the store, she testified that the lighting was sufficient for her to see the crumbled condition of the sidewalk if she had looked. The district court properly concluded that the curb's condition was open and obvious; therefore, the store owed her no duty of care.
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| Johnson v. Johnson, A06-1415,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: One week after the filing of a qualified domestic relations order in district court, decedent, who was wife's former husband, died. In dispute with decedent's estate, trial court did not err in awarding wife $ 17,633 from the accounts because judgment and decree were unambiguous. Revocation provision of Minn. Stat. § 524.2-804, subd. 1) applied.
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| Johnson v. Lesewski, A06-1637,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: District court's decision to modify a spousal-maintenance award in a wife's favor under Minn. Stat. § 518.64 was an abuse of discretion because the court: (1) did not address what effect her breast cancer had on her ability to become self-supporting; (2) understated her employment income; and (3) did not consider whether she had rental income.
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| Lewis v. Comm'r of Pub. Safety, A06-1550,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: In an implied consent proceeding, district court did not err in sustaining revocation because after initial refusal, driver's offer to take breath test came after implied-consent time had ended. Further, the trial court did not err in accepting officer's testimony that driver ran stop sign.
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| Minn. Office Plaza, LLC v. Target Stores, Inc., A06-1320,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: A neighbor possessed no easement over an adjoining owner's land because the neighbor's predecessor had conveyed the easement to the prior adjoining land owner before conveying the land to the neighbor, and if the neighbor did have an easement, it abandoned the easement through nonuse for forty years and blockage of the easement by a store.
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| Olsen v. Olsen, A06-1579,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Trial court erred in the distribution of property under Minn. Stat. § 518.003 based on the values of the parties' recreational vehicles as the district court awarded the husband the vehicles and valued them for purposes of the distribution, but awarded a different amount to the wife.
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| Pham v. Thang Dinh Le, A06-1127, A06-1189,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Although protestors implicitly consented to litigation of store's tortious interference with prospective advantage claim under Minn. R. Civ. P. 15.02, judgment in store's favor was reversed, as the claim was part of store's defamation claim, and the protestors' boycott was for a lawful purpose of objecting to the lowering of the South Vietnam flag.
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| Reynolds v. Minn. Dep't of Human Servs., A06-1943,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Applicant sought General Assistance Medical Care from Dakota County Department of Employment and Economic Assistance. Trial court erred in declining to apply Minn. R. Civ. P. 6.05 when ruling that appeal to trial court untimely because time for filing was from the mailing or the service of notice of the order.
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| Roitenberg v. Halley's Custom Homes, Inc., A06-1334,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: In a home buyer's suit against a home builder, trial court properly granted a directed verdict for the home builder, and it denied the home buyer's request for a new trial, because breach of new home warranty in Minn. Stat. § 327A.02 did not occur until the warrantor, in this case the builder, refused or was unable to honor the warranty.
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