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JOHNSON v. WASHINGTON COUNTY

Nos. C6-92-2406, C8-92-2472.

518 N.W.2d 594 (1994)

David M. JOHNSON, as Trustee for the Heirs and Next of Kin of Brandon Maurice Johnson, Deceased, Respondent, v. WASHINGTON COUNTY, Appellant (C6-92-2406), Respondent (C8-92-2472), South Washington County School District No. 833, Respondent (C6-92-2406), Appellant (C8-92-2472).

Supreme Court of Minnesota.

June 30, 1994.

Attorney(s) appearing for the Case

Lawrence J. Hayes, Jr., Eagan, for appellant.

Richard J. Chadwick, Minneapolis, for Washington County.

Earl P. Gray, St. Paul, for David M. Johnson.

Carla Heyl, League of Minnesota Cities, Shoreview, for amicus League of MN Cities.

Jim Mulder, Assoc. of MN Cities, St. Paul, for amicus Assoc. of MN Cities.

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

OPINION

WAHL, Justice.

This wrongful death action arose out of the drowning of seven-year-old Brandon Maurice Johnson at the Lake Elmo Park Reserve while he was participating in an extended day program of South Washington County School District No. 833 (district). A Washington County district court jury found the district and Washington County (county) liable for Brandon's death. The jury apportioned liability 40% to the district and 60% to the county and...

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