Hirth v. Village of Long Prairie

Rogosheske, Justice.

Appeal from a summary judgment in favor of defendant Village of Long Prairie. The single question before us is whether, assuming fraudulent concealment of plaintiff’s claim by village employees, a municipality should be estopped from asserting the defense of failure to file notice of claim required by Minn. St. 1961, § 465.09.

Plaintiff alleges in his complaint, which we must assume to be true, that on June 8, 1960, while suffering from diabetes and vascular problems of the legs, he was admitted for treatment to Long Prairie Memorial Hospital — owned, operated, and…