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FAHRENDORFF v. NORTH HOMES

No. C0-98-129.

597 N.W.2d 905 (1999)

Michelle FAHRENDORFF, By and Through her parent and natural guardian, Russell FAHRENDORFF, petitioner, Appellant, v. NORTH HOMES, INC., d/b/a I.T.A.S.K.I.N. House, Respondent.

Supreme Court of Minnesota.

August 5, 1999.

Attorney(s) appearing for the Case

Gerald W. VonKorff, Rinke-Noonan, St. Cloud, for appellant.

Patricia Kuderer, Hoff, Barry & Kuderer, Eden Prairie, for respondent.

Children's Law Center of MN, Gail Chang Bohr, Samantha Gemberling, St. Paul, Laurie J. Miller, Cynthia Jokela, Fredrikson & Bryon, P.A., Minneapolis, for amicus curiae, Children's Law Center of Minnesota.

Bruce A. Beneke, Janet C. Werness, Southern MN Reg. Legal Serv., St. Paul, for amicus curiae Southern Minnesota Regional Legal Services and the Minnesota Coalition for Battered Women.

Ellen G. Sampson, Daniel L. Palmquist, Leonard Street & Deinard, P.A., Minneapolis, for amicus curiae NonProfit Insurance Ass'n.

Samuel E. Orbovich, Orbovich & Gartner Chartered, St. Paul, for amicus curiae Minnesota Council of Child Caring Agencies.

Heard, considered, and decided by the court en banc.

OPINION

GILBERT, Justice.

This is an appeal from a court of appeals decision affirming summary judgment in favor of respondent. We must determine whether there exist any genuine issues of material fact or errors in the application of the law with respect to appellant's claim that the sexual assault committed by an employee of respondent fell within the scope of his employment. When viewed in the light most favorable to the appellant, the evidence suggests...

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