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KOEN v. TSCHIDA

Nos. CX-92-688, C8-92-804 and C8-92-1063.

493 N.W.2d 126 (1992)

Julie KOEN, et al., Appellants (CX-92-688), Respondents (C8-92-804), Roy Maki, on behalf of the Estate of David Maki, Appellant (C8-92-1063), v. Kelly John TSCHIDA, et al., Respondents (CX-92-688, C8-92-1063), Appellants (C8-92-804). Jeanette Worgren, et al., Respondents (CX-92-688), Appellants (C8-92-804), County of Carlton, Respondent.

Court of Appeals of Minnesota.

Review Denied January 28, 1993.

Attorney(s) appearing for the Case

Carol M. Person, Clure, Eaton, Butler, Michelson, Ferguson & Person, P.A., Duluth, for Julie Koen.

Robert M. Kaner, Duluth, for Roy Maki, on behalf of the Estate of David Maki.

Katherine L. MacKinnon, Blake W. Duerre, Arthur, Chapman, McDonough, Kettering, Smetak, P.A., Minneapolis, for Kelly John Tschida, et al.

Patrick M. Flynn, David C. Higgs, Arden Hills, for Jeanette Worgren, et al.

Stephen G. Andersen, Johnson & Lindberg, P.A., Minneapolis, for County of Carlton.

Considered and decided by KLAPHAKE, P.J., and RANDALL and KALITOWSKI, JJ.

OPINION

KALITOWSKI, Judge.

Appellants allege the district court erred in granting respondent Carlton County summary judgment on the grounds that the county was immune from liability under Minn.Stat. § 466.03, subd. 4 (1990).

FACTS

This case arises out of an automobile accident. On December 9, 1989, at approximately 1:15 p.m., Kelly John Tschida was driving west on Big Lake Road in Carlton...

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