Brenner v. Nordby

YETKA, Justice.

Plaintiff Diane Brenner appeals from a summary judgment that her claim against defendant Don Fields, individually and dba Caledonia Lounge, is barred by the statute of limitations. See Minn.Stat. § 340.951 (1980). The issue is whether the trial court erred by concluding that there were no genuine issues of material fact raised with respect to plaintiff’s claim that defendant was estopped to assert the defense. We conclude that fact questions exist and, therefore, we reverse and remand.

This suit involves a subrogation claim by plaintiff’s homeowner’s insurer against defendant’s…