GERBER v. NEVEAUX

No. C7-97-2076.

578 N.W.2d 399 (1998)

Sue GERBER, as Trustee for the Next-of-Kin of Amy Sue Gerber, Deceased, Respondent, v. Justin NEVEAUX, et al., Respondents, County of St. Louis, Appellant.

Court of Appeals of Minnesota.

Review Denied July 16, 1998.


Attorney(s) appearing for the Case

Richard E. Prebich, Lara Whiteside, Prebich Law Offices, Hibbing, for respondent Gerber.

Robert H. Magie III, Magie, Andersen, Haag, Paciotti, Butterworth & McCarthy, P.A., Duluth, for respondents Neveaux, et al.

Alan L. Mitchell, St. Louis County Attorney, Shaun R. Floerke, Assistant County Attorney, for appellant.

Considered and decided by PETERSON, P.J., and LANSING and CRIPPEN, JJ.


OPINION

CRIPPEN, Judge.

This case arises on the claim of respondent, the trustee for the survivors of Amy Sue Gerber, that the automobile occupied by the decedent when she was fatally injured went out of control due to negligence of appellant St. Louis County in building or maintaining the roadway where the incident occurred. The trial court denied appellant's statutory immunity claim on the theory that appellant failed to show its exercise of discretion...

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