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PLETAN v. GAINES

No. C8-91-1456.

494 N.W.2d 38 (1992)

Brian A. PLETAN and Pamela J. Pletan, as Trustees for the heirs of Shawn L. Pletan, deceased, Petitioner, Appellants, v. Kevin J. GAINES, Boyd Barrott, et al., Independent School District No. 281, Respondents, and Allstate Insurance Company, Intervenor, Respondent.

Supreme Court of Minnesota.

December 31, 1992.

Attorney(s) appearing for the Case

Steven D. Emmings, John W. Carey, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Fairfax, for appellants.

James R. Peterson, L.A.M.P., Minneapolis, for Kevin J. Gaines.

Richard A. Lind, Lind, Jensen & Sullivan, Minneapolis, for Independent School Dist. # 281.

Bruce A. Peterson, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for Boyd Barrott, et al.

Robert H. Tennant, III, Bell, Arcand, Florin & Tennant, St. Paul, for Allstate Ins. Co.

League of MN Cities, Carla Heyl, St. Paul, amicus curiae.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

We revisit the doctrines of official and discretionary immunity, this time in a case where a child walking home from school is fatally struck by the car of a criminal suspect fleeing a police car in a high-speed chase. The court of appeals ruled there was no liability on the part of the city or its police officer, nor any liability on the part of the school district. Pletan v. Gaines, 481 N.W.2d 566 (Minn...

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