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Moren v. Jax Restaurant

679 N.W.2d 165 (2004)

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Moren v. Jax Restaurant

Minnesota Court of Appeals

679 N.W.2d 165 (2004)

Facts

Nicole Moren (defendant) was a partner in Jax Restaurant (the partnership) (plaintiff). After finishing a day shift at the restaurant, Moren picked up her two-year-old son, Remington, from day care. Moren then returned to the restaurant with Remington upon learning from another partner that a cook had not come in for his shift. Moren called her husband, who told her he would pick Remington up in 20 minutes. Moren did not want Remington running around the restaurant while they waited, so she sat him on a counter while she used a dough-pressing machine to roll pizza dough. While Moren was working, Remington reached into the dough press, and it crushed his hand, resulting in permanent injuries. Moren’s husband sued the partnership for negligence on behalf of Remington, and the partnership filed a third-party complaint for indemnity or contribution against Moren. The trial court found that Moren was not obligated to indemnify the partnership because Remington’s injury occurred while Moren was engaged in ordinary business on behalf of the partnership. The trial court entered summary judgment in favor of Moren, and the partnership appealed.

Rule of Law

Issue

Holding and Reasoning (Crippen, J.)

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