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KERN v. CITY OF SIOUX FALLS

No. 19615.

560 N.W.2d 236 (1997)

1997 SD 19

Paul KERN and Mary Lou Schramm, Plaintiffs and Appellants, v. CITY OF SIOUX FALLS, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 26, 1997.

Attorney(s) appearing for the Case

Kevin Dornberger, Sioux Falls, for plaintiffs and appellants.

Lon J. Kouri and John H. Billion of May, Johnson, Doyle & Becker, Sioux Falls, for defendant and appellee.

SABERS, Justice.

[¶ 1] Two persons injured on a City-owned bike trail brought an action against the City. City was granted summary judgment on the basis of the Recreational Use Statutes. We affirm.

FACTS

[¶ 2] Paul Kern and Mary Lou Schramm (Kern) were rollerskating on the bike trail in Kuehn Park in Sioux Falls on March 19, 1994. Both parties were injured when they tripped and fell over an uneven section of the trail.

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