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Vermes v. American District Telegraph Co.

Minnesota Supreme Court

312 Minn. 33 (1977)

Facts

Harry Vermes (plaintiff) leased space for a jewelry store from the Apache Corporation (Apache) (defendant). The lease contained a clause that relieved Apache from liability for any kind of injury occurring on the property due to Apache’s negligence. A few years into the lease, Vermes’s store was burglarized. Entry had been made through the ceiling of the vault area. Apache had never informed Vermes that the design of the ceiling allowed for easy entry into the vault. Vermes brought suit against Apache for negligence, and the jury found for Vermes. Apache appealed, contending that the exculpatory clause barred Vermes’s negligence claim.

Rule of Law

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Issue

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Holding and Reasoning (Scott, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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