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WIBSTAD v. CITY OF HOPKINS

No. 42733.

190 N.W.2d 125 (1971)

Robert WIBSTAD, Respondent, v. CITY OF HOPKINS, City of Hopkins Park Board, Independent School District No. 274, Village of Minnetonka, Appellants.

Supreme Court of Minnesota.

September 10, 1971.

Attorney(s) appearing for the Case

Meagher, Geer, Markham & Anderson and Mark Stageberg and O. C. Adamson, II, Minneapolis, Joseph Vesely, Hopkins, for City of Hopkins, and others.

Hagglund & Johnson, and Lindsay Arthur, Jr., Minneapolis, for Village of Minnetonka.

George Gubbins, Jr., Minneapolis, for respondent.

Louis W. Claeson, Jr., Minneapolis, for amicus curiae.

Heard before KNUTSON, C. J., and NELSON, PETERSON, KELLY, and ROLLOFF, JJ.

OPINION

PETERSON, Justice.

We must in this case construe the incapacity exception in Minn.St. 466.05, subd. 1, which provides that the 30-day time limit for giving written notice of a tort claim against a municipality "does not include the time, not exceeding 90 days, during which the person injured is incapacitated by the injury from giving the notice." (Italics supplied.) The issue is presented upon appeal from a district court order denying a motion...

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