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SIREK BY BEAUMASTER v. STATE, DNR

No. C5-91-2063.

496 N.W.2d 807 (1993)

Michelle SIREK, a minor, by Mabel BEAUMASTER, Guardian ad Litem, Respondents, v. STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, Petitioner, Appellant, and Douglas SCHUTTA, Defendant and Third-Party Plaintiff, Respondent, v. Emmett SIREK, et al., Third-Party Defendants, Respondents.

Supreme Court of Minnesota.

March 5, 1993.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Mary Ann Bernard, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Sally S. Spector, Mitchell R. Spector, Abrams & Spector, P.A., Minneapolis, for Michelle Sirek, et al.

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

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

Heard, considered, and decided by the court en banc.

KEITH, Chief Justice.

On June 26, 1988, six-year-old Michelle Sirek and her family visited Interstate State Park ("Park"). After swimming and a picnic, they decided to hike the park's mile-long Curtain Falls Trail ("Trail"). State Highway 8 divides the parking lot and picnic area, to the east, from the start of the Trail, on the west. A pedestrian culvert running under Highway 8 provided a passage from the parking lot to the start of the Trail. The Trail did not return...

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