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Davidson v. South Metro Human Services12/11/2001
v. State, 282 N.W.2d 882, 886 (Minn. 1979) (state hospital had duty to control conduct of mentally ill patient where hospital knew of patient's "dangerous propensities" and had authority to control the patient's conduct).
We further conclude that under the facts of this case, the district court did not err by concluding that South Metro owed no duty to warn. Ricky Davidson had never threatened either of his parents. See Cairl, 323 N.W.2d at 26 (no duty to warn unless specific threat made against specific person). Further, the Davidsons had intimate knowledge of their son's mental health issues and behavioral propensities. A duty to warn encompasses only latent, not known dangers. See id. (state hospital had no duty to warn parents of pyromaniacal propensities of youth on holiday leave from hospital).
Finally, South Metro moves to strike portions of appellant's brief and appendix that refer to matters outside the district court record. The appendix to appellant's brief includes orders for commitment from 1994 and 1996 that were not part of the district court record. Further, appellant's brief references earlier incidents that are not part of the record and references the record in Ricky Davidson's separate criminal case. We strike any reference to these non-record documents in appellant's brief. See Thiele v. Sitch, 425 N.W.2d 580, 582-83 (Minn. 1988) (court should not base its decision on matters outside the record).
Affirmed.
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