1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 347 N.W.2d
  5. 347 N.W.2d 834 (1984)
 

OSTENDORF v. KENYON

No. C9-83-1677.

347 N.W.2d 834 (1984)

David Cyril OSTENDORF, Appellant, v. Jenise Mary KENYON, Respondent, State of Minnesota, defendant and third party plaintiff, Respondent, The Horseshoe Bar, third party defendant, Respondent, and Mary Ellen OSTENDORF, formerly Mary Ellen Klampe, Appellant, v. Jenise M. KENYON, defendant and third party plaintiff, Respondent, State of Minnesota, defendant and third party plaintiff, Respondent, David Ostendorf, third party defendant, Appellant, and Jenise M. KENYON, Respondent, v. John HILL, d.b.a. the Horseshoe Bar, Respondent, Western Casualty & Surety Company, Defendant.

Court of Appeals of Minnesota.

May 1, 1984.

Attorney(s) appearing for the Case

Robert E. Schmidt, Waseca, for appellant David Cyril Ostendorf.

William L. Hoversten, Waseca, for Mary Ellen Ostendorf.

Ross Muir, Rochester, John C. Hottinger, Mankato, for Jenise Mary Kenyon.

William H. Manning, St. Paul, for State of Minn.

John H. McLoone IV, Waseca, for The Horseshoe Bar and John Hill d.b.a. the Horseshoe Bar.

Charles T. Hyass, Jr., Minneapolis, for amicus curiae Trial Lawyers Ass'n.

Heard by FOLEY, P.J., WOZNIAK and SEDGWICK, JJ. Considered and decided en banc: POPOVICH, C.J., and PARKER, FOLEY, WOZNIAK, SEDGWICK and LANSING, JJ.

OPINION

SEDGWICK, Judge.

David Ostendorf and Mary Ostendorf sued a number of parties, including the State of Minnesota, concerning a traffic accident. After discovery, the State moved for a partial summary judgment dismissing it from the suit because the design of highways, including signing and striping, is a discretionary act and the state has discretionary immunity. The trial judge granted the motion and dismissed the State. On September 27, 1983, the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases