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KRIEGER v. CITY OF ST. PAUL

No. A08-0750.

762 N.W.2d 274 (2009)

Joan M. KRIEGER, Respondent, v. CITY OF ST. PAUL, Appellant, Dew Corporation, et al., Defendants, and City of St. Paul, Third Party Plaintiff, v. Dew Corporation, Third Party Defendant.

Court of Appeals of Minnesota.

March 10, 2009.

Attorney(s) appearing for the Case

Mark J. Fellman, Fellman Law Office, St. Paul, MN; and Wilbur W. Fluegel (co-counsel), Fluegel Law Office, Minneapolis, MN, for respondent.

John J. Choi, St. Paul City Attorney, Lawrence J. Hayes, Jr., Assistant City Attorney, St. Paul, MN, for appellant.

Considered and decided by LANSING, Presiding Judge; KALITOWSKI, Judge; and SCHELLHAS, Judge.

OPINION

SCHELLHAS, Judge.

In this tort case, appellant City of St. Paul challenges the district court's denial of its motion for summary judgment, arguing that it was protected by recreational-use immunity and that certain elements of the trespasser-liability exception to recreational-use immunity are not met in this case. We agree, and therefore reverse and remand for entry of summary judgment in favor of appellant.

FACTS

Respondent Joan...

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