LISHINSKI v. CITY OF DULUTH

No. CX-01-747.

634 N.W.2d 456 (2001)

Janet A. LISHINSKI and Gary H. Lishinski, individually and as Trustees for the heirs and next-of-kin of Jessica A. Lishinski, Respondents, v. CITY OF DULUTH, Appellant.

Court of Appeals of Minnesota.

October 16, 2001.


Attorney(s) appearing for the Case

H. Jeffrey Peterson, Alicia L. Cope, Virginia, MN, for respondents.

Bryan F. Brown, City Attorney, M. Alison Lutterman, Deputy City Attorney, Cynthia Albright, Assistant City Attorney, Duluth, MN, for appellant.

Considered and decided by PETERSON, Presiding Judge, AMUNDSON and ANDERSON, Judges.


OPINION

G. BARRY ANDERSON, Judge

Appellant City of Duluth challenges the district court's denial of its motion for summary judgment based on statutory recreational immunity, arguing that the court erred in concluding that whether an artificial and allegedly dangerous condition was "hidden," such that appellants would have a duty to warn, involved a genuine issue of material fact. Because we agree that there is a genuine issue of material fact, we affirm...

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