Kaczor v. City of Minot

KNUDSON, Judge.

The plaintiff Judith Kaczor, a minor, brings this action by her father, as guardian ad litem, against the City of Minot for personal injuries resulting from the alleged negligent operation of the city dump by the defendant. The trial court dismissed the plaintiffs’ complaint on the ground that the defendant was not liable for the wrongful acts or omissions occurring while engaged in the operation of its sanitary landfill and dump, holding that the removal of garbage by the defendant is a governmental function. From the judgment entered on the order of dismissal, the plaintiffs…