In a premises liability case involving a personal injury alleged to have occurred while the Plaintiff was touring a foreclosed home, the Court granted Ms. Passaro’s Motion for Summary Judgment against the bank owner, and the real estate agents assisting with the sale of the Home. After determining that the sump pump basket at issue was an improvement to real property, the Court further determined that the negligent maintenance and inspection exception to Minn. Stat. §541.051 applied, rendering the claims timely. However, the Court ultimately determined there were no material issues of fact for Trial as to whether the Defendants were negligent in the repair, maintenance, or inspection of the Home, where multiple safety and system inspections of the Home failed to reveal any dangerous condition related to the sump pump basket cover.
Ms. Passaro and Ms. Stubbe were defending homeowners who had constructed a substantial addition to their lake home pursuant to a variance. The adjoining neighbors