Reseña de Ronald Wiederholt v. City Minneapolis

Ronald Wiederholt v. City Minneapolis de State of Minnesota in Supreme Court Resumen del Libro

Court of Appeals Gilbert, J. Office of Appellate Courts We consider whether appellant City of Minneapolis is entitled to vicarious official immunity based on a sidewalk inspector's decision not to order the immediate repair of a broken sidewalk slab or to place warning signs around it. Respondent Ronald Wiederholt tripped over the broken slab while in-line skating and sued the city, alleging negligence for its failure to repair the sidewalk immediately or to place warning devices at the scene. The city moved for summary judgment, arguing that it is entitled to vicarious official immunity because the sidewalk inspector, who was not named in the suit, is entitled to official immunity. The district court granted the city's summary judgment motion. The court of appeals reversed, holding that because the sidewalk inspector was not named in Wiederholt's suit, the inspector did not need the protection of official immunity and thus, the city was not entitled to vicarious official immunity. We hold that the sidewalk inspector's decision was ministerial in nature and thus not entitled to official immunity. Consequently, the city is not entitled to vicarious official immunity. We therefore affirm the court of appeals on different grounds. On July 18, 1993, Wiederholt was in-line skating in south Minneapolis when he tripped over a broken sidewalk slab and broke his collarbone. His skate hit a portion of sidewalk slab that projected about 1 1/2 to 2 inches above the adjacent slab, causing him to fall.

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