Benson v. Northern Gopher Enterprises, Inc.

KELLEY, Justice.

In this action commenced by a tenant, respondent Carol Benson, against the owner, appellant Northern Gopher Enterprises, Inc., and the manager, appellant Kleinman Realty Company, of a Minneapolis apartment building for damages allegedly sustained by her as a result of an accumulation of carbon monoxide fumes in her apartment, the plaintiff sought to establish liability by relying primarily on the opinion of an expert witness. The trial court excluded the proffered opinion for lack of foundation. The exclusion resulted in a subsequent entry of summary judgment. In reversing,…