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Torts Keyed to Christie
Daly v. Bergstedt
Citation:
267 Minn. 22, 126 N.W.2d 242 (1964)Facts
Marie Daly (Plaintiff) was shopping in the Duffy Brothers’ store (Defendants) when she tripped on molding sheets recently placed by in an aisle by a contractor for the store. The fall resulted in injuries to her left leg and left breast. Fourteen months later, the Plaintiff was diagnosed with breast cancer in the same spot that had been bruised by the fall. The Plaintiff sued the Defendants, alleging that their negligence was the actual cause of her cancer. The Defendants argued that the fall was not causally connected to the cancer, and presented six doctors who provided expert testimony at trial which testified that the fall could not have caused the cancer. The Plaintiff presented one doctor who provided expert testimony at trial who testified that the fall could have caused the cancer.
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8m 27s
