OLSON v. RAMSEY COUNTY

No. C4-92-1741.

509 N.W.2d 368 (1993)

Peter OLSON, trustee for the next of kin of David Olson, deceased, Respondent, v. RAMSEY COUNTY, et al., Petitioners, Appellants, Lutheran Social Services, Respondent, John Doe, et al., Defendants.

Supreme Court of Minnesota.

December 17, 1993.


Attorney(s) appearing for the Case

Tom Foley, Ramsey County Atty., C. David Dietz, Kristi Swanson Wendorff, Asst. Ramsey County Attys., St. Paul, for appellant.

Gary Stoneking, Harlan M. Goulett, Minneapolis, for Peter Olson.

Kenneth A. Skrien, Eagan, for Lutheran Social Services.

Ann Stiehm Ahlstrom, Asst. Hennepin County Atty., Minneapolis, for amicus.

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


SIMONETT, Justice.

The issue in this appeal is whether Ramsey County and one of its social workers are immune from suit for alleged negligence in failing to prevent the death of a child at the hands of his mother. Both discretionary function immunity and official immunity are involved. We conclude there is immunity from suit except as to one claim, and as to that claim, as a matter of law, defendants are not negligent. We affirm in part and reverse in part.

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