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ZASKE EX REL. BRATSCH v. LEE

No. C3-02-454.

651 N.W.2d 527 (2002)

James Harvey ZASKE, a minor by Cathy Bratsch, his mother and natural Guardian and Cathy Bratsch, Respondents, v. Richard David LEE, Respondent, Robert Thomas Huro, Respondent, County of Kanabec, State of Minnesota, Appellant, Integrity Mutual Insurance Company, Respondent, and Western National Mutual Insurance Company, Respondent.

Court of Appeals of Minnesota.

October 1, 2002.

Attorney(s) appearing for the Case

L. Michael Hall, Francis E. Stephens, L. Michael Hall, P.A., St. Cloud, MN, for respondent Zaske.

Thomas P. Carlson, Jennifer J. Duchscherer, Carlson & Soldo, P.L.L.P., St. Paul, MN, for appellant Kanabec County.

Keith O. Johnson, Wold, Jacobs & Johnson, P.A., Minneapolis, MN; and Michael J. Tomsche, Tomsche, Sonnesyn & Tomsche, P.A., Golden Valley, MN, for respondent Richard Lee.

Clyde Miller, Jennings, DeWan, Miller & Anderson, P.A., Cambridge, MN; and Len Schweich, Askegaard, Robinson & Schweich, P.A., Brainerd, MN, for defendant Robert Huro.

Frank J. Rajkowski, Rajkowski, Hansmeier Ltd., St. Cloud, MN, for defendant Integrity Mutual Insurance Company.

John Varpness, Edina, MN, for defendant Western National Mutual Insurance Company.

Considered and decided by WILLIS, Presiding Judge, STONEBURNER, Judge, and KALITOWSKI, Judge.

OPINION

STONEBURNER, Judge.

Appellant county challenges the district court's denial of its motion for summary judgment in which the county argued that statutory and vicarious official immunity protect it from liability for an accident allegedly caused by its failure to replace a stop sign that was knocked down four days before the accident. Because the evidence does not present a genuine issue of material fact about whether appellant had actual notice of...

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