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Date: 12-05-2023

Case Style:

Scott Bohlke v. Samuel, Son and Co., Inc.

Case Number: 0:23-cv-00817

Judge: Eric C. Tostrud

Court: United States District Court for the District of Minnesota (Hennepin County)

Plaintiff's Attorney:



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Defendant's Attorney: Todd L. Nissen

Description: Minneapolis, Minnesota personal injury lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a car wreck caused by one of Defendant's employees.

"Understanding Minnesota auto negligence law is crucial if you've been injured in a vehicle accident. Here's a breakdown of key elements:

Duty of Care: Every driver on Minnesota roads owes a duty of care to others. This means operating vehicles safely and reasonably, abiding by traffic laws and regulations. Examples of breaches of duty include:

Speeding
Distracted driving (e.g., texting, eating)
Driving under the influence (DUI)
Reckless driving
Failing to yield the right of way
Ignoring traffic signals

Breach of Duty: The injured party must prove the other driver breached their duty of care, causing the accident and resulting injuries. Evidence like:

Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records

Proximate Cause: The breach of duty must be the direct cause of the accident and injuries. Showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.

Damages: If all elements are proven, the injured party can seek compensation for various damages:

Medical expenses
Lost wages
Pain and suffering
Property damage

Modified Comparative Negligence: Minnesota follows a modified comparative negligence rule. This means the injured party's own negligence can reduce their compensation proportionally. For example, if they're 20% at fault, their damages are reduced by 20%. However, exceeding 50% fault bars them from recovering any damages.

Additional Points:

Statute of limitations: Minnesota has a six-year statute of limitations for personal injury lawsuits, starting from the date of the accident.
Legal resources: Consult the Minnesota Bar Association or Minnesota Department of Transportation for guidance and resources.

Specific Scenarios:

Here are some situations where Minnesota auto negligence law might apply:

Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries.
Hit-and-run accidents: The injured party can still pursue compensation through their uninsured/underinsured motorist coverage.
Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence.

Seeking Legal Help:

If you believe you've been harmed due to someone else's negligence in a Minnesota auto accident, it's crucial to consult with an experienced personal injury attorney specializing in auto negligence. They can:

Assess your case and identify potential legal options.
Gather evidence and build your case.
Negotiate with insurance companies or represent you in court."

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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