Employers Mutual Co. v. Oppidan

OPINION

COYNE, Justice.

While living in Oppidan House, a semi-independent living facility for retarded adults owned and operated by Duluth Regional Care Center, Inc., Robert Weber suffered a debilitating epileptic seizure. Robert and his mother, Avis Skoglund, sued Duluth Regional Care Center, Inc., on the ground set out in this allegation:

3.On May 4, 1987, Robert Weber had an epileptic seizure that was directly caused by the failure of the defendant, its agents and employees, to properly pro vide and administer a drug known as Dilantin.

Plaintiffs later amended their complaint to assert a claim…