In Kuhl v. Heinen, 672 N.W.2d 590 (Minn. Ct. App. 2003), Deborah Eckland represented the owner of an in-home daycare in an action brought by a motorcyclist who was struck and severely injured by a daycare parent as she was turning into the driveway to pick up her child. The motorcyclist argued that Deborah’s client was distracting motorists by having the kids playing out in the front yard.
Deborah moved for summary judgment arguing her client owed no duty to protect the motoring public from distracted drivers. The district court agreed and dismissed the case. On appeal, the Court of Appeals held the motorcycle had not proven that the presence of children in Deborah’s client’s yard made the accident that occurred foreseeable. Thus, Deborah’s client did not owe a duty to the motorcyclist and the case was appropriately dismissed.
If you would like, click to read the Court of Appeals decision.