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UNZEN v. CITY OF DULUTH

Nos. A04-80, A04-81.

683 N.W.2d 875 (2004)

Robert UNZEN, et al., Respondents, v. CITY OF DULUTH, Appellant (A04-80), Defendant (A04-81), Steve Dornfeld, Inc., Defendant (A04-80), Appellant (A04-81).

Court of Appeals of Minnesota.

August 3, 2004.

Attorney(s) appearing for the Case

Harry L. Newby, Jr., Harry L. Munger, Newby, Lingren & Newby, Cloquet, MN, for respondents.

M. Alison Lutterman, Deputy City Attorney, Duluth, MN, for appellant City of Duluth.

Jerome David Feriancek, Jr., Thibodeau Johnson & Feriancek PLLP, Duluth, MN, for appellant Steve Dornfeld, Inc.

Considered and decided by HALBROOKS, Presiding Judge; TOUSSAINT, Chief Judge; and MINGE, Judge.

OPINION

TOUSSAINT, Chief Judge.

In this personal-injury action arising from a fall inside a municipal-golf-course clubhouse, appellants contest the district court's denial of their motions for summary judgment on immunity grounds. Because neither appellant is entitled to statutory immunity under the circumstances of this case, we affirm.

FACTS

On October 22, 2001, respondent Robert Unzen fell as he was walking down a flight of stairs in...

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