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HABECK v. OUVERSON

No. C1-02-2154.

669 N.W.2d 907 (2003)

Roy W. HABECK, Trustee for the heirs and next-of-kin of Adam R. Habeck, decedent, Respondent, v. Stephen OUVERSON, Defendant, Mille Lacs County Agricultural Society, et al., Appellants.

Court of Appeals of Minnesota.

October 14, 2003.

Attorney(s) appearing for the Case

Howard P. Helgen, Helgen & Helgen, P.A., Coon Rapids, MN, for respondent.

Stephen G. Andersen, Mark Jared Girouard, Ratwik Roszak & Maloney, Minneapolis, MN, for appellants.

Considered and decided by KLAPHAKE, Presiding Judge; TOUSSAINT, Chief Judge; and SHUMAKER, Judge.

OPINION

TOUSSAINT, Chief Judge.

This wrongful-death action stems from a child's death by a tractor-trailer used to transport county fair visitors within the county fairgrounds. Appellants, the county fair board and the tractor-trailer driver, challenge the district court's denial of their immunity defense under the recreational-use immunity statute, Minn.Stat. § 466.03, subd. 6e (2002). Because we conclude the fair-board-sponsored transportation of...

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