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BERNTHAL v. CITY OF ST. PAUL

No. C1-84-1540.

376 N.W.2d 422 (1985)

Diane Kay BERNTHAL, Appellant, v. CITY OF ST. PAUL, County of Ramsey, State of Minnesota, Respondents.

Supreme Court of Minnesota.

November 8, 1985.

Attorney(s) appearing for the Case

James P. Cullen, Robert J. Sorensen, Minneapolis, for appellant.

Karla F. Bathke, Asst. City Atty., Harold W. Schultz, II, Sp. Asst. Atty. Gen., St. Paul, for respondents.

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

PETERSON, Justice.

The sole issue in this negligence action against the City of St. Paul involves the constitutionality of Minn.Stat. § 466.03, subd. 2 (1984), which provides immunity from suit in tort for municipalities when the tort victim is covered by the Workers' Compensation Act. Plaintiff, Diane Kay Bernthal's claim against the city is the result of injuries sustained while driving on a St. Paul street, when she drove over a bent, metal signpost which...

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