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DECISIONS OF THE COURT OF APPEALS
FILED TUESDAY, OCTOBER 14, 2014

 

 

A14-0461       Gregory Monson, Appellant, vs. Jeff Suck, et al., Respondents.
          
             Cook County District Court, Hon. Mike J. Cuzzo.
           If a person constructs an improvement to real property and continues to own or possess the property, the person potentially may be subject to two different bases of tort liability.  If the person is sued for negligent construction of an improvement that was completed more than ten years before a plaintiff's injury, the claim is barred by the statute of repose in section 541.051, subdivision 1(a), of the Minnesota Statutes.  But if the person is sued for negligent failure to use reasonable care to ensure the safety of persons who enter the property, the claim is not barred by the statute of repose in section 541.051, subdivision 1(a), because of the exception in subdivision 1(d) of the statute.
           Reversed and remanded.  Judge Matthew E. Johnson.

 

 
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