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CROAKER EX REL. CROAKER v. MACKENHAUSEN

No. C8-98-119.

592 N.W.2d 857 (1999)

Richard CROAKER, a minor, by and through his natural father, Charles D. CROAKER, Sr., Respondent, v. Gordon MACKENHAUSEN and Karen Mackenhausen, individually, and as owners and operators of Sah Kah Tay Resort, defendants and third-party plaintiffs, petitioners, Appellants, v. Duane Lee McFarland, et. al., Third-Party Defendants.

Supreme Court of Minnesota.

Rehearing Denied June 24, 1999.

Attorney(s) appearing for the Case

Charles R. Powell, Powell, Powell & Light, Bemidji, for appellants.

Michael D. Doshan, Fredric A. Bremseth, Thomas W. Geng, Doshan & Bremseth, Wayzata, for respondent.

Mark A. Solheim, Rider, Bennett, Egan & Arundel, Minneapolis, for third-party defendant Duane Lee McFarland.

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

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

OPINION

STRINGER, J.

Respondent Richard Croaker, age seven, was injured when some gasoline ignited while he was playing in an unlocked, disabled van parked near a shed on the property of Gordon and Karen Mackenhausen on Cass Lake in Cass County. Respondent brought suit alleging the appellants as possessors of land failed in their duty of care toward respondent as a child trespasser through their "negligent, careless...

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