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Torts Keyed to Duncan
Foss v. Kincade
Citation:766 N.W.2d 317 (Minn. 2009)
Three-year-old David Foss Jr. was injured when he accompanied his mother to Stephanie and Jeremy Kincade’s (defendant) home. The defendants had recently moved into the home. While the women spoke in the dining room, they heard a crash, and discovered a bookcase had fallen on David, causing severe injuries requiring multiple surgeries. David’s father (plaintiff) sued the defendants for negligently failing to secure the bookcase, causing the injury to his son. The defendants moved for summary judgment on the grounds that they did not have a duty to protect the boy from this unforeseeable injury.
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