HOWARD BY AND THRU HOWARD v. MACKENHAUSEN

Nos. C1-96-359, C3-96-380.

553 N.W.2d 435 (1996)

Michael J. HOWARD, Jr., deceased, By and Through his natural mother, Jean HOWARD; Richard Croaker, a minor, by and through his natural father, Charles D. Croaker; and Terry L. LaDuke, a minor, by and through his natural mother, Kelly Robinson, Appellants (C1-96-359), Respondents (C3-96-380), v. Gordon MACKENHAUSEN and Karen Mackenhausen, individually and as owners and operators of Sah Kah Tay Resort, defendants and third-party plaintiffs, Respondents, v. Duane Lee McFARLAND, third-party defendant, Respondent (C1-96-359), Appellant (C3-96-380), Charles Dean Croaker, third-party defendant, Appellant (C1-96-359), Respondent (C3-96-380).

Court of Appeals of Minnesota.

Review Denied October 29, 1996.


Attorney(s) appearing for the Case

Michael D. Doshan, Fredric A. Bremseth, Thomas W. Geng, Doshan & Bremseth, Wayzata, for Michael J. Howard, Richard Croaker and Terry LaDuke.

Anne Meredith-Will, Meredith-Will Law Office, Bemidji, for Charles Dean Croaker.

Eric J. Magnuson, Mark A. Solheim, Glen M. Goldman, Jeanne Unger, Rider, Bennett, Eagan & Arundel, LLP, Minneapolis, for Duane Lee McFarland.

Charles R. Powell, Powell & Powell, Bemidji, for Respondents Gordon Mackenhausen and Karen Mackenhausen.

Considered and decided by HUSPENI, P.J., TOUSSAINT, C.J., and FOLEY, J.


OPINION

DANIEL F. FOLEY, Judge.*

This is an appeal from a grant of summary judgment for owners of property on which five children were trespassing when two of them were injured and a third died. The children claim that a highly dangerous artificial condition on the property caused the death and injuries, which resulted from an explosion set by one of the children with gasoline that he had allegedly stolen from a boat stored in...

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