Legal Opinion

Prokop v. Independent School Dist. No. 625

Court of Appeals of Minnesota

Decided August 19, 2008No. A07-1716PublishedCited by 3 opinions

1Opinion of the Court

OPINION

SCHELLHAS, Judge.

Appellants challenge a district court ruling that (1) respondent Independent School District # 625 is protected from suit by recreational-use immunity, (2) the trespasser-liability exception to recreational-use immunity does not apply, (3) the landowner had no duty, and (4) the risk of the activity was assumed. Because we conclude that recreational-use immunity applies, that the trespasser-liability exception does not apply, and that respondent had no duty to protect against an obviously dangerous condition, we affirm.

FACTS

Appellant Mark Prokop (Prokop) 1 was hit in…

2Cases cited15 opinions

  1. State Ex Rel. Cooper v. FrenchSupreme Court of Minnesota · 1990
  2. Johnson v. StateSupreme Court of Minnesota · 1996
  3. Wagner v. Thomas J. Obert EnterprisesSupreme Court of Minnesota · 1986
  4. Baber v. DillSupreme Court of Minnesota · 1995
  5. Green-Glo Turf Farms, Inc. v. StateSupreme Court of Minnesota · 1984

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3Cited by3 opinions

  1. James Ariola, as next of kin of, and trustee for, the Estate of Jack Ariola Erenberg, his son, and the Class of Beneficiaries, Pursuant to Minn. Stat. 573.02 v. The City of Stillwater, MinnesotaCourt of Appeals of Minnesota · 2017
  2. Krieger v. City of St. PaulCourt of Appeals of Minnesota · 2009
  3. State of Minnesota, Respondent, vs. Mervel George Jones, III, AppellantCourt of Appeals of Minnesota · 2025

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