Kitto v. Minot Park District

JOHNSON, Judge.

Jeffrey Kitto, age 12, was rescued from drowning in a duck pond within Theodore Roosevelt Park in the City of Minot, on June 25, 1970. However, as a result of his near-drowning, Jeffrey remained in a coma for some twenty months and subsequently died. His mother brought action against the Minot Park District for damages, consisting of medical and funeral expenses, loss of services and companionship, pain and suffering. Mrs. Kitto alleged that the fence around the pond had been removed and that the unguarded, unfenced pond constituted an unsafe condition and an attractive…