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LEE v. STATE, DEPT. OF NATURAL RESOURCES

No. C6-91-1388.

478 N.W.2d 237 (1991)

Joseph Servin LEE, as Trustee for the Heirs and Next of Kin of Decedent, Adam Joseph Lee, Appellant, v. STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, Meeco Marinas, Inc., Respondents. CITY OF ROSEVILLE, Defendant and Third-Party Plaintiff, Respondent, v. Joseph S. LEE, et al., Third-Party Defendants.

Court of Appeals of Minnesota.

Review Denied February 10, 1992.

Attorney(s) appearing for the Case

Joseph F. Lulic, Hanson, Lulic & Krall, Minneapolis, for Joseph Servin Lee, as Trustee for the Heirs and Next of Kin of Decedent, Adam Joseph Lee.

Hubert H. Humphrey, III, Atty. Gen., P. Kenneth Kohnstamm, Asst. Atty. Gen., St. Paul, for State of Minn.

Barbara A. Burke, Cousineau, McGuire & Anderson, Minneapolis, for Meeco Marinas, Inc.

Mary P. Rowe, Pierre N. Regnier, Jardine, Logan & O'Brien, St. Paul, for City of Roseville.

Considered and decided by FORSBERG, P.J., and CRIPPEN and DAVIES, JJ.

OPINION

DAVIES, Judge.

The trial court granted summary judgment in a wrongful death action on grounds that there was no genuine issue of material fact as to causation. We affirm on other grounds.

FACTS

Appellant's home in Roseville is located adjacent to a park which contains playground equipment and a fishing lake and pier. At about 5:30 p.m. on May 19, 1989, appellant's son, Adam, went out to play; he was approximately 4½ years old...

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