Hansen v. City of Saint Paul

0. Russell Olson, Justice. *

Plaintiffs appeal from an order for summary judgment 1 in favor of defendant city. The trial court concluded the city was immune from liability for the negligence alleged in plaintiffs’ complaint because of the discretionary function exception of Minn. St. 466.03, subd. 6. We reverse.

On a motion for summary judgment, the evidence must be viewed in the light most favorable to the nonmoving party — in this case, plaintiffs. Dempsey v. Jaroscak, 290 Minn. 405, 188 N. W. 2d 779 (1971); Sauter v. Sauter, 244 Minn. 482, 70 N. W. 2d 351 (1955).

Briefly, such view of the…