Question: Nicole Moren and her sister Amy Benedetti were partners in

Nicole Moren and her sister Amy Benedetti were partners in the JAX Restaurant in Foley, Minnesota. One afternoon, Nicole completed her day shift at JAX and left to pick up her two-year-old son, Remington, from day care. She returned to the restaurant with Remington after learning that Amy needed help. Nicole called her husband, Martin, who told her that he would pick Remington up in about 20 minutes. Because Nicole did not want Remington running around the restaurant, she brought him into the kitchen with her, set him on top of the counter, and began rolling out pizza dough using the dough-pressing machine. As she was making pizzas, Remington reached his hand into the dough press. His hand was crushed, and he sustained permanent injuries. On behalf of his son, Martin sued the partnership for damages, alleging that it negligently caused Remington's injuries.
The partnership then brought a legal action against Nicole, claiming that if it was obligated to compensate Remington, the partnership was entitled to indemnity or contribution from Nicole for her negligence in allowing Remington to be on the counter where he could be injured by the pizza press. Was Nicole found liable to her partnership?

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  • CreatedJuly 16, 2014
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