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BOTNER v. BISMARCK PARKS AND REC. DIST.

No. 20090337.

782 N.W.2d 662 (2010)

2010 ND 95

Corey BOTNER, individually and as the father and natural guardian of D.B., a minor, Plaintiff and Appellant v. BISMARCK PARKS AND RECREATION DISTRICT, Defendant, Third-Party Plaintiff and Appellee v. Child, Inc., d/b/a Early Childhood Learning Center, Third-Party Defendant.

Supreme Court of North Dakota.

May 18, 2010.

Attorney(s) appearing for the Case

David S. Maring (argued) and Anthony J. Weiler (on brief), Bismarck, ND, for plaintiff and appellant Corey Botner.

Randall J. Bakke (argued) and David R. Phillips (on brief), Bismarck, ND, for defendant, third-party plaintiff and appellee Bismarck Parks and Recreation District.

KAPSNER, Justice.

[¶ 1] Corey Botner appeals from a district court's summary judgment dismissing his claim against Bismarck Parks and Recreation District (Bismarck Parks). We hold the district court erroneously granted summary judgment because Botner produced sufficient evidence to create genuine issues of material fact regarding whether Bismarck Parks breached its duties to maintain its property in a reasonably safe condition and to provide adequate supervision...

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