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WHITE v. MANY RIVERS WEST LTD. PARTNERSHIP

No. A10-1575.

797 N.W.2d 739 (2011)

Rosalie WHITE and Kenneth White, II, as Co-Trustees for the Next of Kin of Kenneth Lee-Winans White, III, a/k/a Minogeshig, Decedent, Appellants, v. MANY RIVERS WEST LIMITED PARTNERSHIP d/b/a Many Rivers Apartments, et al., Respondents.

Court of Appeals of Minnesota.

May 3, 2011.

Attorney(s) appearing for the Case

Joseph J. Osterbauer , Christina M. Makens , Osterbauer Law Firm, Minneapolis, MN, for appellants.

Timothy W. Waldeck , Theodore J. Waldeck , Waldeck & Lind, P.A., Minneapolis, MN, for respondents.

Considered and decided by ROSS, Presiding Judge; CONNOLLY, Judge; and RANDALL, Judge.

OPINION

ROSS, Judge.

Two-year-old Kenneth White III died after he pushed through a window screen and fell from his grandmother's third-floor Minneapolis apartment. Parents Rosalie White and Kenneth White II appeal from the district court's entry of summary judgment in favor of Many Rivers Apartments. We conclude that Many Rivers had no duty to maintain a sufficiently strong screen to withstand the force of the child, that no hazardous condition was hidden...

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