JOHNSON v. COUNTY OF NICOLLET

No. C1-86-70.

387 N.W.2d 209 (1986)

Richard JOHNSON, Appellant, v. COUNTY OF NICOLLET, Respondent.

Court of Appeals of Minnesota.

May 20, 1986.


Attorney(s) appearing for the Case

David J. Goldman, Minneapolis, for appellant.

Robert Birnbaum, Howard S. Marker & Assoc., Minneapolis, for respondent.

Heard, considered and decided by LANSING, P.J., and FOLEY and WOZNIAK, JJ.


OPINION

LANSING, Judge.

Richard Johnson brought this action against Nicollet County, alleging he was injured in an automobile accident because the county negligently failed to place guardrail along the road. The trial court granted summary judgment to the county on the basis that the Municipal Tort Claims Act, Minn.Stat. § 466.03, subd. 6 (1980), provides discretionary act immunity. Johnson appeals, and we reverse.

FACTS

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