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A Glance At Some Of Our Significant Appellate Cases

With more than 40 years of experience, the lawyers of Hallberg Law, P.A. have a distinguished record of achieving results for their clients. The cases below demonstrate some of the appellate decisions our attorneys have secured.

Statutory Construction/Statue Of Limitations

The Supreme Court held that the four-year statute of limitations (adopted in 1999) applied retroactively to revive the claim of a man whose physician had negligently failed to diagnose cancer. The case was briefed and argued by Mark Hallberg.

Gomon v. Northland Family Physicians, Ltd., 645 N.W.2d 413 (Minn.2002)

Statutory Construction/Statute Of Limitations

The United States Court of Appeals for the 8th Circuit held that the Minnesota statute governing tolling of the limitations period for a child’s medical malpractice claim (Minn. Stat § 541.15) was ambiguous and relied upon legislative history to provide a child up to nine years to commence a medical malpractice action from the date the cause of action accrued. Note: For actions commenced after August 1, 1999, a child would have up to 11 years during their minority to bring an action against a negligent health care provider. The case was briefed and argued by Mark Hallberg.

Lelm v. The Mayo Foundation, 135 F.3d 584 (C.A.8 (Minn.),1998)

Discretionary Function Immunity

The Minnesota Supreme Court held that neither a county mental health center nor a psychiatrist employed by the county was entitled to statutory discretionary function immunity when providing treatment to a suicidal patient, thus allowing the widow and children of the patient to pursue a wrongful death action. The case was briefed and argued by Mark Hallberg.

Terwilliger v. Hennepin County, 561 N.W.2d 909 (Minn. 1997)

Negligent Hiring And Negligent Retention

The court held that a corporation had a duty to exercise reasonable care in the hiring, retaining and supervision of an employee’s known violent history, thus allowing the child of a co-worker who was murdered by the violent employee to pursue a wrongful death action against the employer. The court also held that the Workers’ Compensation Act would not bar recovery. The case was briefed and argued by Mark Hallberg.

Yunker v. Honeywell, Inc., 496 N.W.2d 419 (Minn. Ct. App. 1993)

Medical Malpractice Jury Instruction

The Minnesota Supreme Court struck down the “honest error in judgment” language previously used in the standard jury instruction given in medical malpractice actions. The court recommended language that was subsequently adopted in JIG III. The case was briefed and argued by Mark Hallberg in the Court of Appeals.

Ouellette v. Subak, 391 N.W.2d 810 (Minn. 1986)

Municipal Tort Claims Act Notice Provision Deemed Unconstitutional

The Minnesota Supreme Court held that a provision of the Municipal Tort Claims Act requiring actual notice was unconstitutional and would not prevent a wrongful death action unless the lack of notice caused actual prejudice to the county’s ability to defend the claim. The provision, previously declared unconstitutional as a denial of equal protection, was applied retroactively. The case was briefed and argued by Mark Hallberg.

O’Brien v. Mercy Hospital and Convalescent Nursing Care Section, 382 N.W.2d 518 (Minn.1986)

Consent To Settle Clause Declared Invalid

The Minnesota Court of Appeals held that a consent to settle clause in an uninsured motorist policy was invalid because it restricted the insured’s ability to settle with insured tortfeasors and was contrary to public policy. The case was briefed and argued by Mark Hallberg.

Hamberg v. State Farm Mutual Automobile Insurance Company, 374 N.W.2d 460 (Minn. Ct. App. 1985)

Notice Provision Of Workers’ Compensation Act Declared Unconstitutional

The Minnesota Supreme Court held that the statute requiring that the state of Minnesota receive notice of a petition for distribution of settlement proceeds of wrongful death action was unconstitutional because it treated state employees differently than non-state employees and was thus a denial of equal protection. The case was briefed and argued by Mark Hallberg.

Nelson v. State of Minnesota, Department of Natural Resources, 305 N.W.2d 317 (Minn. 1981)

Contact Us For Compassionate Representation

At Hallberg Law, P.A., we care about our clients and their families. Our compassionate team will work closely with you to help you secure the compensation you deserve. Call our Minnesota lawyers at 651-255-6810 to schedule a consultation at our Saint Paul office. You may also contact us online.