HUGHES v. QUARVE & ANDERSON CO.

No. C8-82-154.

338 N.W.2d 422 (1983)

David Brian HUGHES, Respondent, v. QUARVE & ANDERSON COMPANY, Appellant.

Supreme Court of Minnesota.

September 23, 1983.


Attorney(s) appearing for the Case

William J. Baudler, Baudler, Baudler & Maus, Austin, for appellant.

Brown, Bins & Klampe, Michael D. Klampe, Joseph J. Pingatore, Rochester, for respondent.

Considered and decided by the court en banc without oral argument.


WAHL, Justice.

This appeal raises the question of whether the duty of defendant landowner Quarve & Anderson Company (Q & A) to trespassing minor Brian Hughes was governed by Restatement (Second) of Torts § 339 (1965). Sixteen-year-old Brian dived headfirst into 3 feet of water in Q & A's quarry pond, struck his head on the irregular sand bottom and was left a spastic quadriplegic. An Olmstead County jury returned a verdict for Brian, finding damages...

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