Kappenman v. Klipfel

MARING, Justice.

[¶ 1] Alfred Kappenman and Julie Ness, on behalf of their deceased son, Bra-son Kappenman, appeal from judgments dismissing their wrongful death action against Brent Klipfel and Albion Township. We conclude the district court erred in granting summary judgment dismissing Albion Township from the action, but did not err in dismissing Klipfel from the action. We affirm in part, reverse in part, and remand for further proceedings.

I

[¶ 2] On August 1, 2006, Brason Kap-penman was killed when the all terrain vehicle (“ATV”) he was driving dropped into a washout which had formed a…