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Laska v. Anoka County5/17/2005
s to airport users). The weight and credit to be accorded conflicting evidence concerning the statement's existence must be determined by a finder of fact. See Tsudek v. Target Stores, Inc., 414 N.W.2d 466, 469 (Minn. App. 1987) (stating it is within province of jury to weigh conflicting testimony and determine witness credibility), review denied (Minn. Dec. 18, 1987). The district court erred in granting summary judgment in light of this disputed issue of material fact.
DECISION
By agreeing to help her mother during the day care's permit-variance period, Flohaug accepted the entrustment of every child who was then in her mother's custody and control, including Hannah. On this record, the issue of foreseeability of harm to Hannah is not so clear as to be resolved as a matter of law. The district court therefore erred by granting Flohaug summary judgment based upon its conclusion she owed Hannah no duty as a matter of law. Summary judgment is also precluded here by the disputed issue of material fact concerning Flohaug's statement as reported in the police and coroner's reports. We reverse the grant of summary judgment for Flohaug and remand for trial.
Reversed and remanded.
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