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HOVET v. CITY OF BAGLEY

No. 81-1236.

325 N.W.2d 813 (1982)

Richard HOVET, Respondent, v. CITY OF BAGLEY, Appellant.

Supreme Court of Minnesota.

November 5, 1982.

Attorney(s) appearing for the Case

Dickel, Johannson, Wall, Taylor & Rust, Ken Johannson and Richard C. Taylor, Crookston, for appellant.

Cann, Schmidt & Haskell and James W. Haskell, Bemidji, for respondent.

Stanley G. Peskar, League of Minnesota Cities, St. Paul, for amicus curiae.

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

PETERSON, Justice.

Plaintiff Richard Hovet, age 26, sustained paralyzing injuries when he made a running dive into shallow water (18-24") from a dock at a beach owned and operated by the City of Bagley. Plaintiff sued the city, alleging the city was negligent in failing to give warning of the water's shallowness. The city moved to dismiss for failure to state a claim. It argued that the Minnesota Recreational Use Statute, Minn.Stat. § 87.01-.03 (1980) required...

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