Habeck v. Ouverson

OPINION

TOUSSAINT, Chief Judge.

This wrongful-death action stems from a child’s death by a tractor-trader used to transport county fair visitors within the county fairgrounds. Appellants, the county fair board and the tractor-trader driver, challenge the district court’s denial of their immunity defense under the recreational-use immunity statute, Minn.Stat. § 466.03, subd. 6e (2002). Because we conclude the fair-board-sponsored transportation of fair visitors within the fairgrounds is a recreational service, we reverse and remand.

FACTS

The Mdle Lacs County Fair, which takes place on the Mide…