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SIREK BY BEAUMASTER v. DEPT. OF NATURAL RESOURCES

No. C5-91-2063.

484 N.W.2d 817 (1992)

Michelle SIREK, a minor, by Mabel BEAUMASTER, Guardian Ad Litem, Respondents, v. STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, Appellant. Douglas SCHUTTA, defendant and third-party plaintiff, Respondent, v. Emmett SIREK, et al., third-party defendants, Respondents.

Court of Appeals of Minnesota.

Review Granted July 16, 1992.

Attorney(s) appearing for the Case

Mitchell R. Spector, Sally S. Spector, Abrams & Spector, P.A., Minneapolis, for Michelle Sirek by Mabel Beaumaster.

Hubert H. Humphrey, III, Atty. Gen., Mary Ann Bernard, Sp. Asst. Atty. Gen., St. Paul, for State of Minn., Dept. of Natural Resources.

Gene P. Bradt, Hansen, Dordell, Bradt, Odlaug & Bradt, St. Paul, for Douglas Schutta.

William L. Lubov, Minneapolis, for Emmett Sirek, et al.

Considered and decided by KLAPHAKE, P.J., FORSBERG and STONE, JJ.

OPINION

KLAPHAKE, Judge.

The State of Minnesota contends that the trial court erred in denying its motion for summary judgment because it is immune from liability for Michelle Sirek's injuries under Minn.Stat. § 3.736, subd. 3(h) (1990). We affirm.

FACTS

On June 26, 1988, the Sirek family visited Interstate State Park. After swimming and a picnic, the family decided to hike the park's mile-long Curtain Falls Trail, located on the opposite...

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