 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Barton v. Irish9/17/2002
relationships with Irish that would establish a legal duty towards Barton. See Rehnberg v. Minn. Homes, Inc., 236 Minn. 230, 234-35, 52 N.W.2d 454, 456-57 (1952) (joint venture typically requires contribution of both parties towards common undertaking, sharing profits, and contract establishing relationship); Frank v. Winter, 528 N.W.2d 910, 914 (Minn. App. 1995) (agency relationship established where person consents for another to act on his behalf and under his control), review denied (Minn. Apr. 27, 1995).
To the contrary, the evidence shows only that Passe volunteered to help Irish's son saddle the horses for a trail ride. In his uncontradicted deposition testimony, Passe stated that the saddles used for the horses were lined up when he arrived for the group trail ride and that he merely offered to help saddle the horses. Irish did not control Passe's actions, and the two men did not communicate about preparing for the trail ride. In the absence of a legal duty, a negligence claim fails. See Hudson v. Snyder Body, Inc., 326 N.W.2d 149, 157 (Minn. 1982). We therefore affirm the grant of summary judgment to Passe, but on a basis different from that relied upon by the district court.
Affirmed in part, reversed in part, and remanded.
Page 1 2 3 Minnesota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|