The Minnesota Court of Appeals has reversed a Blue Earth County district court’s dismissal of a wrongful death medical malpractice case against Mayo Clinic Health System of Mankato and sent the case back for a new trial. Knutson + Casey Law Office represented the plaintiffs on appeal. The decision is a significant outcome in Estate of Zabel v. Mayo Clinic Health System of Mankato and reinforces the standard Minnesota trial courts must apply before taking a medical malpractice case away from a jury.
Table of Contents
| Case File | |
|---|---|
| Case | Estate of Dennis Zabel v. Mayo Clinic Health System of Mankato |
| File Number | Blue Earth County District Court No. 07-CV-20-3440 |
| Plaintiffs’ Allegation | Failure to timely order a CT scan and properly evaluate signs of a brain hemorrhage |
| Trial Court Ruling | Judgment as a matter of law granted for defendants |
| Trial Court Judge | Hon. Andrea Lieser |
| Appellate Decision | Reversed and remanded for new trial |
| Decision Filed | February 9, 2026 |
| Lead Appellate Counsel | Randall Knutson, Knutson + Casey Law Office |
The plaintiffs filed a wrongful death lawsuit over the death of Dennis Zabel. They alleged that Mayo Clinic Health System of Mankato and an emergency physician failed to order a CT scan in time and missed signs of a brain hemorrhage.
After the plaintiffs presented their case-in-chief at trial, district court Judge Andrea Lieser granted judgment as a matter of law (JMOL) for the defendants. The trial ended before the jury could weigh the evidence.
Legal Term
A trial judge can grant JMOL only when no reasonable jury could rule for the opposing party based on the evidence presented. It ends the case before the jury deliberates. Appellate courts review JMOL rulings de novo, meaning they look at the record fresh without deferring to the trial judge’s call.
In medical malpractice cases, JMOL is a powerful defense tool. When a trial judge grants it after the plaintiffs’ case-in-chief, the family loses without ever knowing what a jury would have decided. The standard for granting JMOL is intentionally high. The judge must view the evidence in the light most favorable to the non-moving party and may grant the motion only when there is no legally sufficient basis for a reasonable jury to find in that party’s favor.
In an opinion filed February 9, 2026, the Minnesota Court of Appeals held that Judge Lieser erred in granting JMOL. The panel reversed the dismissal and sent the case back for a new trial. The Zabel family will now have another opportunity to put their claims in front of a jury.
Randall Knutson of Knutson + Casey Law Office served as lead counsel on the appeal.
| Trial Court | Court of Appeals | |
|---|---|---|
| Ruling | JMOL for defendants | Reversed and remanded |
| Effect on the Case | Dismissed mid-trial | New trial ordered |
| Reasoning | No reasonable jury could rule for plaintiffs | Reasonable jurors could disagree |
| Outcome for Family | Walk away with nothing | Second chance at trial |
Case Progression
Reversing a JMOL on appeal is hard. Appellate courts affirm most lower-court rulings on review. When a Minnesota judge dismisses a medical malpractice case mid-trial, the family walks away with nothing. The appellate panel kept the Zabel family’s wrongful death claim alive.
The Court of Appeals also drew a clean line for trial judges in medical malpractice cases: when reasonable jurors could disagree on the evidence, the jury decides. That standard protects plaintiffs whose cases turn on competing expert testimony, which describes nearly every medical malpractice trial.
For families considering whether to pursue a medical malpractice claim against a Minnesota hospital or physician, the takeaway is straightforward. Trial courts cannot end a case simply because the evidence is contested. Where reasonable people could disagree, the jury makes the call.
This appellate reversal is among the firm’s recent notable case results in Minnesota medical malpractice and wrongful death litigation.
If you or a loved one has been harmed by medical negligence in Minnesota, you need an experienced medical malpractice attorney who is prepared to take your case to trial and, if necessary, to the Court of Appeals. Knutson + Casey Law Office has been representing patients and families in serious injury, wrongful death, and complex medical malpractice litigation since 1992.
Contact our Mankato medical malpractice attorney team at (507) 344-8888 or request a free consultation online.
Source:
Knutson + Casey Law Office Secures Appeal Victory Reversing Dismissal in Mayo Mankato Medical Malpractice Case · AP News
Knutson and Casey Expert Legal Team
April 29, 2026
At Knutson+Casey, we take the time to understand each distinctive matter presented to us by a client in need of assistance. We make certain that our clients understand their options and can make informed decisions regarding the progress of their cases. We have 4 bar certified attorneys as well as 5 expert paralegals on staff to review all legal information and cases presented.