Legal Opinion · Dissent

Warren v. Dinter

Supreme Court of Minnesota

Decided April 17, 2019No. A17-0555Published

1Dissent

ANDERSON, Justice (dissenting).

At issue here is whether Dr. Richard Dinter owed Nurse Practitioner Sherry Simon's patient Susan Warren a duty of care. Because it was not reasonably foreseeable that Warren, who never met or talked to Dinter, would rely on Dinter's decision, reached in a single phone call between Dinter and Warren's actual treating professional, Simon, there is no legal duty here. I therefore respectfully dissent.

I

The precise factual scenario Dinter faced was not as simple as the court makes it appear. I briefly recount these facts because our duty inquiry "depends heavily on…

2Cases cited16 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Togstad v. Vesely, Otto, Miller & KeefeSupreme Court of Minnesota · 1980
  3. Domagala v. RollandSupreme Court of Minnesota · 2011
  4. L & H AIRCO, INC. v. Rapistan Corp.Supreme Court of Minnesota · 1989
  5. Connolly v. Nicollet HotelSupreme Court of Minnesota · 1959

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