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Daly v. Bergstedt

267 Minn. 244, 126 N.W.2d 242 (1964)

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Daly v. Bergstedt

Minnesota Supreme Court

267 Minn. 244, 126 N.W.2d 242 (1964)

Facts

Ms. Daly (plaintiff) was shopping in the Duffy Brothers’ store (Duffy) (defendant). Daly tripped on construction material recently placed by Duffy’s contractor, Bergstedt (defendant), and Daly was injured. Daly was taken to the hospital for her injuries. Two days after the fall, Daly noticed a bruise on her left breast. The bruise faded, but the pain continued. Fourteen months later, Daly had a lump in her breast in the same location as the bruise. The lump was cancer. Daly sued the defendants, alleging that her fall had caused the cancer. At trial, one doctor testified that Daly’s fall caused the breast cancer. Daly argued that this testimony and inferences from the sequence of events show the fall caused Daly’s cancer. Six doctors testified that the fall could not have caused Daly’s cancer. The jury found for Daly. Duffy and Bergstedt appealed.

Rule of Law

Issue

Holding and Reasoning (Murphy, J.)

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