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WESTBY v. ITASCA COUNTY

No. 49222.

290 N.W.2d 437 (1980)

Jerry L. WESTBY, Appellant, v. ITASCA COUNTY, Respondent.

Supreme Court of Minnesota.

January 4, 1980.

Attorney(s) appearing for the Case

Edward J. Matonich and Darrold Persson, Hibbing, for appellant.

Russell A. Anderson, Bemidji, for respondent.

Heard before OTIS, ROGOSHESKE and WAHL, JJ., and considered and decided by the court en banc.

OTIS, Justice.

Plaintiff Westby brings this action against Itasca County and department of natural resources conservation officer Donald Claude claiming damages for negligent maintenance of a highway. The trial court ruled that Claude enjoyed sovereign immunity of the State of Minnesota, that he was not an agent or employee of Itasca County, that even if he was an independent contractor of the county, his negligence was collateral, and, consequently, that the county...

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