Otto v. City of St. Paul

OPINION

NORTON, Judge.

Plaintiff, Nicholas Otto, was injured by the collapse of a section of Sergeant Avenue in St. Paul. Appellant, City of St. Paul, determined the collapse was caused by a cavity under the street caused by a leaking sewer drain serving respondents’, Timothy and Linda Fugina’s, residence. The city challenges the trial court’s grant of a final partial summary judgment dismissing the city’s claim for contribution against respondent. We affirm.

FACTS

On July 11, 1988, Nicholas Otto was operating a front end loader on Sergeant Avenue in St. Paul. Suddenly and without warning, the…