SCHUMACHER v. HEIG

No. C4-89-1910.

454 N.W.2d 446 (1990)

Barbara SCHUMACHER, as Parent and Natural Guardian of Robert V. Poppovich, a minor, Respondent, v. Robert HEIG, Jr., et al., Appellants, Cutfoot Sioux Inn, Marvin Stanek, et al., Respondents. Robert HEIG, Jr., et al., Third-Party Plaintiffs, Appellants, v. Wayne SCHUMACHER, et al., Third-Party Defendants, Respondents.

Court of Appeals of Minnesota.

April 24, 1990.


Attorney(s) appearing for the Case

Gerald C. Magee, Minneapolis, for Barbara Schumacher.

James J. Galman, Lawrence M. Rocheford, Scott J. Laqua, Jardine, Logan & O'Brien, St. Paul, for Robert Heig, Jr., et al.

Tim A. Strom, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, P.A., Duluth, for Cutfoot Sioux Inn.

Terry C. Hallenbeck, Nancy A. Peterson, Brown, Andrew, Hallenbeck, Signorelli & Zallar, P.A., Duluth, John D. Undem, Grand Rapids, for Marvin Stanek, et al.

Scott M. Jefferson, Jefferson & Priesz, Minneapolis, for Wayne Schumacher, et al.

Considered and decided by RANDALL, P.J., and FOLEY and GARDEBRING, JJ.


OPINION

FOLEY, Judge.

Thirteen-year-old Robert V. Poppovich broke his leg while riding a four-wheel all-terrain vehicle owned by respondent Marvin Stanek, d/b/a Cutfoot Sioux Inn, an unincorporated resort. Robert Heig, Jr., d/b/a Bowen Lodge, Inc., appeals from summary judgment, contesting the trial court's finding that no duty of care existed between Stanek and Poppovich under the Safety Responsibility Act, Minn.Stat. § 170.54 (1984), and common law...

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