Gertken v. Farmers Elevator of Kensington, Minnesota, Inc.

I respectfully concur in part and dissent in part because:

1. I agree with Judge Leslie that Minn. Stat. § 169.09, subd. 3 (1986) creates a duty to provide reasonable assistance, a violation of which is prima facie evidence of negligence. Minn.Stat. § 169.96 (1986). The trial court erred in excluding evidence of post-collision negligence. The plaintiffs complaint was broadly pleaded and needed no additional specificity. Even if it did, the trial court erred in prohibiting amendment of the complaint.

2. I disagree with the majority finding that as a matter of law Lintel’s inaction was not the…