Fetzer v. Minot Park District

STRUTZ, Judge.

This is an appeal by the plaintiff from an order of the trial court granting summary judgment of dismissal of the plaintiff’s complaint against the defendant Minot Park District alleging negligence of the defendant, its servants and agents, in the operation of a swimming pool. As a result of the alleged negligence, two minor daughters of the plaintiff were drowned and plaintiff brings this action for damages. The trial court dismissed the complaint on the ground that the defendant, a municipal corporation, is not liable in the performance of a governmental function and is…