Garberg v. County of Hennepin

MacLaughlin, Justice.

The issue on this appeal is whether an action against a municipality for wrongful death must be commenced within 1 year after notice, which is the limitation period provided in the notieeof-claim statute, Minn. St. 466.05, subd. 1, or within 3 years after the act or omission, which is the limitation period provided in the death-by-wrongful-act statute, § 573.02. The trial court ruled that § 573.02 applies and denied defendant’s motion for summary judgment. The trial court also certified that the question is important and doubtful, and defendant appeals pursuant to §…