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HAMILTON v. INDEPENDENT SCHOOL DIST. NO. 114

No. C9-84-1012.

355 N.W.2d 182 (1984)

Betty and David HAMILTON, Appellants, v. INDEPENDENT SCHOOL DISTRICT NO. 114, by its School Board, defendant and third party plaintiff, Respondent, v. Tyler SAWYER, third party defendant, Respondent, Darin Beavers, third party defendant, Appellant.

Court of Appeals of Minnesota.

September 25, 1984.

Attorney(s) appearing for the Case

John L. Prueter, Minneapolis, for Hamilton.

Richard Jeffries, Steven L. Marquart, Cahill, Jeffries & Maring, Moorhead, Independent School Dist. No. 114.

Kirby A. Dahl, Cold Spring, for Sawyer.

David G. Schueppert, Powell, Lang & Schueppert, Bemidji, for Beavers.

Considered and decided by POPOVICH, C.J., and SEDGWICK and LANSING, JJ., with oral argument waived.

OPINION

POPOVICH, Chief Judge.

Appellant Betty Hamilton was injured on February 8, 1983 when she fell on a sidewalk while leaving a basketball game sponsored by respondent school district. She fell when Tyler Sawyer, pushed by Darin Beavers, another student, collided with her. Appellant alleges the school district failed to exercise ordinary care for her protection. Upon motion, the trial court ordered summary judgment in favor of the school district and...

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