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ANDRADE v. ELLEFSON

No. C4-85-554.

391 N.W.2d 836 (1986)

John ANDRADE, individually and as parent and natural guardian for Joseph J. Andrade, and Dennis W. Aasen, individually and as parent and natural guardian for Jerrett J. Aasen, Respondents, v. Elizabeth ELLEFSON, et al., Defendants, County of Anoka, Petitioner, Appellant.

Supreme Court of Minnesota.

August 15, 1986.

Attorney(s) appearing for the Case

Robert M.A. Johnson, Anoka Co. Atty., Thomas G. Haluska, Asst. Co. Atty., Anoka, for appellant.

F. Dean Lawson, John F. Laue, Minneapolis, for respondents.

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

SIMONETT, Justice.

This case raises issues of tort liability and governmental immunity for a county's role in state licensure of day care facilities. We conclude a tort duty of care is owed the plaintiffs and that the county has governmental immunity which, however, has been waived to the extent of the county's liability insurance. For the reasons set out, we affirm in part and reverse in part the court of appeals' decision.

Plaintiffs are two infants, Joseph...

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