The basic elements necessary to maintain a claim for negligence are (1) duty; (2) breach of that duty; (3) the breach was the proximate cause of plaintiff's injury; and (4) plaintiff did in fact suffer injury. Hudson v. Snyder Body, Inc., 326 N.W.2d 149, 157 (Minn. 1982); Acli International Commodity Services, Inc. v. Lindwall, 347 N.W.2d 522, 525 (Minn.Ct.App. 1984). Absent a special agreement, a stock broker or brokerage house owes a customer only the duty to exercise due care in executing the customer's instructions.
In reviewing the entry of summary judgment, this court must determine whether there are genuine issues of fact to be litigated and whether the trial court erred in applying the law. ACLI International Commodity Services, Inc. v. Lindwall, 347 N.W.2d 522, 524 (Minn.Ct.App. 1984) (citing Betlach v. Wayzata Condominium, 281 N.W.2d 328, 330 (Minn. 1979)).
The evidence must be viewed in a light most favorable to the party against whom the motion for summary judgment was granted. ACLI International Commodity Services, Inc. v. Lindwall, 347 N.W.2d 522 (Minn.Ct.App. 1984). 1 (A) Since the facts are undisputed, the question becomes whether the trial court erred in applying the holding of Minnesota Mining and Manufacturing Co. v. State, 289 N.W.2d 396 (Minn.