# Ponticas v. K.M.S. Investments

> Supreme Court of Minnesota · March 25, 1983 · 331 N.W.2d 907

URL: https://www.frixlaw.com/law-library/cases/9659195

## Case

- **Full name:** Stephanie PONTICAS, Et Al., Respondents, v. K.M.S. INVESTMENTS, Et Al., Appellants, Lakeview Realty, Inc., Defendant
- **Court:** Supreme Court of Minnesota
- **Decided:** March 25, 1983
- **Citations:** 331 N.W.2d 907; 38 A.L.R. 4th 225; 1983 Minn. LEXIS 1086
- **Precedential status:** Published
- **Opinion:** Concurrence by Wahl
- **Judges:** Kelley, Scott, Wahl
- **Cited by:** 116 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9659195

## How later opinions describe it (automated extraction)

- holding that employer has duty to conduct reasonable investigation into employee’s fitness for job as apartment complex manager, but rejecting claim that duty extends to independent investigation of job applicant’s criminal record; court remarks that such a duty would contrave…
- recognizing that concerning a yard man, a production line worker or other such positions where the employee does not pose a high risk of injury to third persons, minimal investigation in hiring is required. However, an apartment manager’s extensive contact with tenants and acc…
- holding doctrine of negligent retention arose out of common law fellow-servant law that imposed duty on employers to select employees who would not endanger fellow employees by their presence on job
- concluding that owner and operator of apartment building were negligent in failing to investigate apartment manager and failure to investigate was proximate cause of tenant’s sexual assault
- acknowledging that only slight care may suffice “in the hiring of a yard man, a worker on a production line, or other types of employment where the employee would not constitute a high risk of injury to third persons,” but duty to conduct adequate background investigation exis…

## Opinion text

WAHL, Justice,
concurring.
I concur in the dissent of Justice Scott.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9659195. Public record. Not legal advice.
