# Bjerke v. Johnson

> Supreme Court of Minnesota · December 27, 2007 · 742 N.W.2d 660

URL: https://www.frixlaw.com/law-library/cases/9707128

## Case

- **Full name:** Aja BJERKE, Respondent v. Suzette E. JOHNSON, Appellant, and Kenneth D. Bohlman, Defendant
- **Court:** Supreme Court of Minnesota
- **Decided:** December 27, 2007
- **Citations:** 742 N.W.2d 660; 2007 Minn. LEXIS 794; 2007 WL 4532185
- **Precedential status:** Published
- **Opinion:** Dissent by Page
- **Judges:** Hanson, Anderson, Russell, Barry, Gildea
- **Cited by:** 61 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/9707128

## How later opinions describe it (automated extraction)

- holding that a fact issue precluded summary judgment on the foreseeability of a sexual abuse when the evidence showed that the- defendant observed inappropriate behavior between the victim and assailant before the abuse
- recognizing that homeowner has special relationship with child invitee sufficient to impose a duty to protect the child from the foreseeable sexual assault of a third party also living in the home
- concluding that woman owed duty based on special relationship with a teenage girl where the woman invited the girl to live at her home away from her parents and set rules for the girl’s conduct
- holding that a duty to protect an invitee from sexual abuse by a third party could be found because there was a special relationship between the homeowner and invitee
- noting that the circumstances described in Restatement (Second

## Opinion text

PAGE, J.
(dissenting).
I join in the dissent of Justice G. Barry Anderson.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9707128. Public record. Not legal advice.