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DAHLHEIMER v. CITY OF DAYTON

No. C8-88-2516.

441 N.W.2d 534 (1989)

Adrian DAHLHEIMER, Respondent, v. CITY OF DAYTON, Appellant.

Court of Appeals of Minnesota.

Review Denied August 15, 1989.

Attorney(s) appearing for the Case

Patrick J. Neaton, Wayzata, for respondent.

Jon K. Iverson, Chadwick, Johnson & Condon, Minneapolis, for appellant.

Daniel C. Berglund, Duluth, for amicus, Minn. State Fire Chiefs Ass'n.

Thomas L. Grundhoefer, St. Paul, for amicus, League of Minnesota Cities.

Heard, considered, and decided by WOZNIAK, C.J., and FOLEY and NIERENGARTEN, JJ.

OPINION

WOZNIAK, Chief Judge.

In November 1984, Adrian Dahlheimer commenced an action for negligent firefighting against appellant City of Dayton. A jury found the City negligent and awarded Dahlheimer $40,000.

The City appeals from the judgment and the order denying its motion for judgment notwithstanding the verdict or a new trial, arguing that the public duty doctrine and discretionary immunity insulate it from liability for the Dayton Fire Department...

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