State v. McKown

530 N.W.2d 807 (1995)

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State v. McKown

Minnesota Court of Appeals
530 N.W.2d 807 (1995)

Facts

Ian Lundman suffered from juvenile-onset diabetes, and Ian’s mother, Kathleen McKown, (defendant) noticed that Ian had lost weight and lacked his normal energy. On May 6, 1989, Ian complained to his mother that he had a stomachache. In keeping with her Christian Science faith, McKown treated Ian through prayer. Ian continued to complain of a stomachache. McKown consulted Mario Tosto and Quinna Lamb (defendant), journal-listed practitioners recommended by the Christian Science Church. Ian was unable to sleep and continued to lose weight because he was unable to keep food down. McKown and Ian’s stepfather, William McKown (defendant), made several calls to Christian Science Church officials including James Van Horn (defendant) and to a Christian Science nursing home, Clifton House. Ian died on May 9, 1989. Kathleen and William McKown were charged with second-degree criminal manslaughter, but the district court dismissed the charges. However, Douglass Lundman, Ian’s father, commenced a wrongful-death action naming William and Kathleen McKown, Mario Tosto, James Van Horn, Clifton House, and the First Church of Christ, Scientist as defendants for failing to provide medical treatment for Ian. The jury returned a verdict finding all the defendants liable and awarding compensatory and punitive damages. The defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Davies, J.)

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