Fredrickson and Goerke Win Motion For Summary Judgment

March 17, 2017

LJSP partner Mark Fredrickson and associate Grant Goerke successfully persuaded Scott County (MN) Judge Rex Stacey to grant summary judgment to their client ISD #719. Plaintiff sustained a bad broken ankle and leg when she went to pick up her daughter from a after school daycare facility run by the district at an elementary school building. The accident happened on a non-school day during the first winter weather of the year. Fredrickson and Goerke successfully argued that Minnesota’s mere slipperiness doctrine applied. Plaintiff argued that the daycare program was “for profit”, thereby depriving the district of the advantages of the doctrine which only applies to governmental entities. However, since state law specifically allowed the district to operate this program, and the fee it charged was not shown to be for anything other than to cover the cost of the program, the doctrine applied. Plaintiff admitted that she fell on glare ice, and that there was no accumulation of ice forming humocks and ridges. The court did not reach alternative theories including the continuing storm doctrine and the open and obvious doctrine. Congratulations to Mark, Grant and their client, ISD# 719. The order may be found here: Order for Judgment and Judgment 3-16-2017 12.54.13 61402370 D357C7A6-4444-462D-86E0-E34BB112966D