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McEWEN v. BURLINGTON NORTHERN R. CO.

No. C5-92-1148.

494 N.W.2d 313 (1993)

Maxine L. McEWEN, as Trustee for the Heirs of Ruth Lysford, Deceased, Appellant, v. BURLINGTON NORTHERN RAILROAD CO., INC., Defendant, State of Minnesota, Estate of Hjalmer Lysford, Deceased, Respondents.

Court of Appeals of Minnesota.

Review Denied February 25, 1993.

Attorney(s) appearing for the Case

Neil A. McEwen, McEwen Law Office, Thief River Falls, for appellant.

Hubert H. Humphrey, III, Atty. Gen., David T. Schultz, Sp. Asst. Atty. Gen., St. Paul, for respondent State.

Carol E. Johnson, Grand Forks, ND, for respondent Estate of Hjalmer Lysford, Deceased.

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

OPINION

KALITOWSKI, Judge.

Appellant Maxine L. McEwen, as trustee for the heirs of Ruth Lysford, challenges the trial court's decision that her claims against respondent State of Minnesota in this wrongful death action are barred by statutory and discretionary immunity pursuant to Minn.Stat. §§ 219.402 and 3.736, subd. 3(b) (Supp.1985).

FACTS

On the afternoon of July 5, 1986, an automobile driven by Hjalmer Lysford with

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