MONTES v. BETCHER

No. 72-1527.

480 F.2d 1128 (1973)

Fernando F. MONTES, Appellee, v. Lauren BETCHER and Evelyn Betcher, d/b/a The Hagen Resort, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 11, 1973.


Attorney(s) appearing for the Case

O. C. Adamson, II., Minneapolis, Minn., for appellants.

John T. Chapman, Minneapolis, Minn., for appellee.

Before LAY and BRIGHT, Circuit Judges, and NICHOL, District Judge.


NICHOL, District Judge.

On the warm Sunday afternoon of July 13, 1968, 35 year old Fernando Montes, a citizen of Nebraska, took a running dive off a short dock which served the Appellants' resort, one of the many enhancing Minnesota's beautiful lakes. He surfaced with a severely lacerated scalp and a vertebral fracture. Shortly after the incident, a jagged piece of concrete was recovered from the lake floor in the general...

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