Berg v. City of St. Paul

OPINION

POPOVICH, Chief Judge.

This appeal is from a summary judgment holding respondent city immune from liability based on ice or snow accumulation or failure to perform a discretionary duty. Appellant claims the trial court erred because (1) there were genuine issues of material fact, (2) the City of St. Paul is not entitled to discretionary act immunity because the city’s inaction was not a discretionary nature, and (3) appellant’s cause of action was improperly limited to a claim based merely on failure to sand or salt the roadway.

FACTS

Appellant’s daughter, Cheryl Berg, was killed in a…