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RADKE v. COUNTY OF FREEBORN

No. A03-797.

676 N.W.2d 295 (2004)

Matthew RADKE, as trustee for the next of kin of Makaio Lynn Radke, Appellant, v. COUNTY OF FREEBORN, et al., Respondents, Peggy Radke, et al., Defendants.

Court of Appeals of Minnesota.

March 23, 2004.

Attorney(s) appearing for the Case

Stephen C. Fiebiger, Stephen C. Fiebiger & Associates, Burnsville, MN, for appellant.

James R. Andreen, Erstad & Riemer, P.A., Minneapolis, MN, for respondents.

Considered and decided by KLAPHAKE, Presiding Judge, RANDALL, Judge, and HARTEN, Judge.

OPINION

RANDALL, Judge.

Appellant, decedent's father and trustee for his next of kin, sued the county and two child protection workers for negligence after the 19-month-old child, whom they had visited following reports of abuse, was beaten to death by the boyfriend of the child's mother. On appeal from the district court's dismissal of the complaint for failure to state a claim upon which relief can be granted, appellant contends that the respondents assumed...

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