C6-97-2263, Peggy Fisher, as Trustee for the Heirs and Next of Kin of Ryan Lee Fisher, Decedent, Appellant, vs. County of Rock, Respondent.

State: Minnesota

Court: Supreme Court

Docket No: C6-97-2263, Peggy Fisher, as Trustee for the H

Case Date: 09/30/1999

STATE OF MINNESOTA

IN SUPREME COURT

C6-97-2263

Court of Appeals

Anderson, Paul H., J.

Peggy Fisher, as Trustee for the
Heirs and Next of Kin of Ryan
Lee Fisher, Decedent,

Appellant,

vs.

County of Rock,
Respondent.

Filed: July 15, 1999
Office of Appellate Courts

S Y L L A B U S

A county is entitled to statutory immunity when its decision not to install guardrails at an existing bridge site where a fatal automobile accident occurred is based on both engineering and policy considerations.

Reversed and remanded.

Heard, considered, and decided by the court en banc.

O P I N I O N

ANDERSON, Paul H., Justice.

Peggy Fisher appeals a decision granting summary judgment in favor of respondent Rock County, which decision was based on the grounds that Fisher's wrongful death claim is barred by Minnesota's statute of repose for improvements to real property. Minn. Stat.