ST PAUL, Minn. — A decision handed down by the Minnesota State Supreme Court will allow a woman to sue the State Patrol after she says a K-9 attacked her at her workplace in 2019.
In an opinion filed Wednesday, the court ruled that the State Patrol has no sovereign immunity under the state's dog bite statute, reversing an earlier decision by the Minnesota Court of Appeals.
The case involves a woman named Christina Berrier, who filed a lawsuit against the State Patrol after claiming she was severely injured in an unprovoked K-9 attack in March of 2019. The suit maintained Berrier was working at a car dealership when a Minnesota State Trooper stopped in to get his car serviced, accompanied by K-9 Diesel.
Berrier's attorneys claimed that the trooper failed to maintain control of the dog, and knew that the animal was unreasonably dangerous. The plaintiff, an Owatonna resident, said she suffered serious injuries - some of which are permanent - along with pain and suffering, emotional distress and significant medical expenses.
The State Patrol moved to dismiss the suit, arguing was immune under Minnesota statute. A Steele County District Court judge disagreed, but the patrol appealed the decision. The case then moved to the State Court of Appeals - which ruled the patrol did have immunity - then on to the Supreme Court, which sided with Berrier.
Berrier's lawsuit was remanded back to district court where it can proceed to trial or settlement. She is seeking a sum of not less than $50,000 along with interest, court costs and any additional expenses.
