Stewart v. Koenig

OPINION

BJORKMAN, Judge.

This case presents the question whether a driver operating a motor vehicle on a private driveway that crosses a state recreational trail is a “trail user” within the meaning of the rules governing state recreational trails. The district court determined that the trail rules do not apply, declined to instruct the jury in accord with the rules, and denied appellant’s motion for a new trial. We conclude that the trail rules do apply and reverse and remand for a new trial.

FACTS

In June 2005, appellant Patrick Stewart and respondent Christopher Koenig collided in the…