Doe 175 ex rel. Doe 175 v. Columbia Heights School District, ISD No. 13
2014 Minn. App. LEXIS 9
| Minn. Ct. App. | 2014Background
- Warnke sexually abused a minor student in 2009; the district terminated him and alerted law enforcement.
- Doe filed Oct 2011 suit alleging sexual battery against Warnke and negligence and vicarious-liability claims against the district.
- 2012 district court granted summary judgment on negligence but denied vicarious liability; issues remained whether Warnke’s conduct was foreseeable.
- 2013 the district court certified two questions under Minn. R. Civ. App. P. 103.03(i); district and Doe filed appeals related to those rulings.
- The Minnesota Court of Appeals dismissed both the district’s certified-question appeal and Doe’s related appeal for noncompliance with rule 103.03(i) and related procedural defects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether certified questions may be answered when not resolved in the district court's order | District argues 103.03(i) allows certification and preservation sufficed | Doe contends questions were not presented to, or decided by, the district court | Certified questions not properly before the court; dismissal |
| Whether Doe may obtain interlocutory appellate review of the district court’s partial grant when underlying appeal is dismissed | Doe seeks review via related appeal of a non-appealable order | Under rule 103.04 interest-of-justice does not apply where there are no issues properly before the court | Related appeal must be dismissed; no jurisdiction to review |
Key Cases Cited
- In re Judicial Ditch No. 1, 140 Minn. 1, 167 N.W. 124 (1918) (preservation and review principles; general rule that issues must be decided in trial court first)
- Jacka v. Coca-Cola Bottling Co., 580 N.W.2d 27 (Minn.1998) (certification not a substitute for normal appellate process; must be decided below)
- Thiele v. Stick, 425 N.W.2d 580 (Minn.1988) (preservation requirement applies to appellate review)
- Gruening v. Pinotti, 364 N.W.2d 907 (Minn.App.1985) (notes that certified questions must be decided by trial court first)
- State v. Knock, 781 N.W.2d 170 (Minn.App.2010) (analogous rule for criminal appeals; question embedded in district court matter)