Huver ex rel. Huver v. Opatz

OPINION

RANDALL, Judge.

Appellant Timothy Huver appeals from a pre-trial summary judgment entered in favor of respondent LeSauk Township on February 19,1985. The trial court concluded that LeSauk Township could not be negligent because it did not have the duty to maintain and repair that portion of a town-line road on which Huver was injured. We reverse and remand for trial on the merits.

FACTS

On July 4, 1983, Timothy Huver sustained serious injuries as a passenger in an automobile driven by Cheryl Opatz while on their way from Trobec’s Bar in St. Stephen to St. Cloud to watch fireworks. Opatz…