Harper v. Herman

OPINION

PAGE, Justice.

This case arises upon a reversal by the court of appeals of summary judgment in favor of the defendant. The court of appeals held that defendant, the owner and operator of a private boat on Lake Minne-tonka, had a duty to warn plaintiff, a guest on the boat, that water surrounding the boat was too shallow for diving. We reverse and reinstate judgment in favor of defendant.

The facts are undisputed for the purpose of this appeal. On Sunday, August 9,1986, Jeffrey Harper (“Harper”) was one of four guests on Theodor Herman’s ("Herman”) 26-foot boat, sailing on Lake…