Kelly v. City of Rochester

Kelly, Justice.

These actions were brought by Paul F. Kelly, individually, and on behalf of his son, Brian, to recover damages for injuries sustained by Brian in a diving accident at a pool owned and operated by the city of Rochester. In each case, the trial court granted the defendant city’s motion for summary judgment because of plaintiff’s failure to comply with the provisions of Minn. St. 1971, § 466.05, subd. 1, requiring notice of claims against municipalities,- to be given within 30 days of the accident from which the claim arises. We reverse.

Of the several issues raised by plaintiffs,…