Lishinski v. City of Duluth

OPINION

G. BARRY ANDERSON, Judge

Appellant City of Duluth challenges the district court’s denial of its motion for summary judgment based on statutory recreational immunity, arguing that the court erred in concluding that whether an artificial and allegedly dangerous condition was “hidden,” such that appellants would have a duty to warn, involved a genuine issue of material fact. Because we agree that there is a genuine issue of material fact, we affirm denial of summary judgment.

FACTS

Respondents Janet A. Lishinski and Gary H. Lishinski, individually and as trustees for the heirs and…