Stringer v. Minnesota Vikings Football Club, LLC

I respectfully dissent. First, I disagree with the conclusion of the majority on the “personal duty” prong of Wicken v. Morris, 527 N.W.2d 95, 98 (Minn.1995). I would conclude that the evidence establishes as a matter of law that Paul Oster-man and Fred Zamberletti owed a personal duty to Korey Stringer. As foundation for that conclusion, I would hold that, under our precedent interpreting Minnesota’s law of “personal duty” and absent directions to the contrary from the legislature, the plaintiff need not prove that the coemployee was acting outside the course and scope of his employment, but…