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HOVLAND v. CITY OF GRAND FORKS

Civil No. 960269.

563 N.W.2d 384 (1997)

1997 ND 95

Caroline HOVLAND and Daryl Hovland, individually and as wife and husband, Plaintiffs and Appellants, v. CITY OF GRAND FORKS, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied June 24, 1997.

Attorney(s) appearing for the Case

Shirley A. Dvorak of Moosbrugger, Dvorak & Carter, Grand Forks, for plaintiffs and appellants. Submitted on brief.

Ronald F. Fischer of Pearson, Christensen, Larivee, Clapp, Fiedler & Fischer, Grand Forks, for defendant and appellee. Submitted on brief.

NEUMANN, Justice.

[¶ 1] Caroline and Daryl Hovland appeal from a summary judgment in favor of the City of Grand Forks, dismissing the Hovlands' claim for injuries Caroline sustained while in-line skating on a city bike path. We reverse the district court's decision and hold the City is not immune under North Dakota's recreational use statute.

[¶ 2] In 1993, Caroline Hovland was injured while in-line skating with her daughter, Carla, and stepson,...

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