Cited by

Opinions in Minnesota that cite Ostendorf v. Kenyon, 347 N.W.2d 834.

64 citing documents.

Minder v. Anoka County 677 N.W.2d 479 Minn. Ct. App. 2004
Minder v. Anoka County 677 N.W.2d 479 Minn. Ct. App. 2004
S.W. v. Spring Lake Park School District No. 16 566 N.W.2d 366 Minn. Ct. App. 1997
S.W. v. Spring Lake Park School District No. 16 566 N.W.2d 366 Minn. Ct. App. 1997
“[Statutory] immunity protects the government only when it can produce evidence its conduct was of a policymaking nature involving social, political, or economic considerations, rather than merely professional or scientific judgments.” (holding that discretionary acts require balancing of complex and competing factors at planning, rather than operational, stage of development).
Angell v. Hennepin County 565 N.W.2d 475 Minn. Ct. App. 1997
Angell v. Hennepin County 565 N.W.2d 475 Minn. Ct. App. 1997
nity); Abbett, d at 85 (holding that decision on where to install guardrail involved “professional judgment,” not policymaking); (holding that county’s decision not to place guardrail on a dangerous road was operational because it implemented the county’s policy decision to permit public use of road); (holding that state’s failure to place warning signs on dangerous road was operational decision).
Ai Viet Thi Nguyen v. Phu Chau Nguyen 565 N.W.2d 721 Minn. Ct. App. 1997
Ai Viet Thi Nguyen v. Phu Chau Nguyen 565 N.W.2d 721 Minn. Ct. App. 1997
(en banc) (“The State’s placement of warning signs on the highway was not a discretionary act after the State had knowledge of a dangerous situation where warning could be provided by additional or better signs.”); (“Since ther
In Re Alexandria Accident of February 8, 1994 561 N.W.2d 543 Minn. Ct. App. 1997
In Re Alexandria Accident of February 8, 1994 561 N.W.2d 543 Minn. Ct. App. 1997
Gutbrod v. County of Hennepin 529 N.W.2d 720 Minn. Ct. App. 1995
Gutbrod v. County of Hennepin 529 N.W.2d 720 Minn. Ct. App. 1995
Steinke v. City of Andover 525 N.W.2d 173 Minn. 1994
Steinke v. City of Andover 525 N.W.2d 173 Minn. 1994
1986) (holding that county’s decision not to place guardrail on a dangerous_ road was operational because it implemented the county's policy decision to permit public use of road); (holding that the State's failure to place warning signs on dangerous road was operational decision).
Koelln v. Nexus Residential Treatment Facility 494 N.W.2d 914 Minn. Ct. App. 1993
Koelln v. Nexus Residential Treatment Facility 494 N.W.2d 914 Minn. Ct. App. 1993
“A discretionary act is one which requires a balancing of complex and competing factors at the planning, rather than the operational, stage of development.”
McEwen v. Burlington Northern Railroad 494 N.W.2d 313 Minn. Ct. App. 1993
McEwen v. Burlington Northern Railroad 494 N.W.2d 313 Minn. Ct. App. 1993
Johnston v. Michael Shea and Associates 425 N.W.2d 263 Minn. Ct. App. 1988
Johnston v. Michael Shea and Associates 425 N.W.2d 263 Minn. Ct. App. 1988
Chabot v. City of Sauk Rapids 412 N.W.2d 371 Minn. Ct. App. 1987
Chabot v. City of Sauk Rapids 412 N.W.2d 371 Minn. Ct. App. 1987
this court held that the placement of warning signs on a highway was not a discretionary act after the state had knowledge of a dangerous condition.
Berg v. City of St. Paul 414 N.W.2d 204 Minn. Ct. App. 1987
Berg v. City of St. Paul 414 N.W.2d 204 Minn. Ct. App. 1987
Alberts v. United Stockyards Corp. 413 N.W.2d 628 Minn. Ct. App. 1987
Alberts v. United Stockyards Corp. 413 N.W.2d 628 Minn. Ct. App. 1987
Miller & Schroeder, Inc. v. Gearman 413 N.W.2d 194 Minn. Ct. App. 1987
Miller & Schroeder, Inc. v. Gearman 413 N.W.2d 194 Minn. Ct. App. 1987
Holmquist v. State 409 N.W.2d 243 Minn. Ct. App. 1987
Holmquist v. State 409 N.W.2d 243 Minn. Ct. App. 1987
* * * In Ostendorf [v. Kenyon, ] the Plaintiff introduced evidence that Highway 14 had a history of accidents and that the State failed in its duty to safely maintain the highway by not placing better or additional warning signs on that stretch of Highway 14 where the accident occurred.
Engle v. Hennepin County 412 N.W.2d 364 Minn. Ct. App. 1987
Engle v. Hennepin County 412 N.W.2d 364 Minn. Ct. App. 1987
Nusbaum v. County of Blue Earth 411 N.W.2d 917 Minn. Ct. App. 1987
Nusbaum v. County of Blue Earth 411 N.W.2d 917 Minn. Ct. App. 1987
(appellants raised an issue of material fact as to whether state was negligent in maintaining highway by introducing evidence that highway had a history of accidents).
Seaton v. County of Scott 404 N.W.2d 396 Minn. Ct. App. 1987
Seaton v. County of Scott 404 N.W.2d 396 Minn. Ct. App. 1987
Farmers State Bank of Delavan v. Jenkins 403 N.W.2d 861 Minn. Ct. App. 1987
Stucci Ex Rel. Tierney v. City of Saint Paul 403 N.W.2d 850 Minn. Ct. App. 1987
Stucci Ex Rel. Tierney v. City of Saint Paul 403 N.W.2d 850 Minn. Ct. App. 1987
Governmental acts are either discretionary, requiring a balancing of competing factors at the planning, policy level, or ministerial (operational), meaning an “absolute, certain and imperative [act], involving merely the execution of a specific duty arising from fixed designated facts.” (quoting Cook v. Trovatten, 200 Minn. 221, 224 , 274 N.W.
Farmers State Bank of Delavan v. Jenkins 403 N.W.2d 861 Minn. Ct. App. 1987
(citing Bennett v. Storz Broadcasting Co., 270 Minn. 525, 531 , ).
Diedrich v. State 393 N.W.2d 677 Minn. Ct. App. 1986
Diedrich v. State 393 N.W.2d 677 Minn. Ct. App. 1986
Grossman v. School Board of I.S.D. 640 389 N.W.2d 532 Minn. Ct. App. 1986
Grossman v. School Board of I.S.D. 640 389 N.W.2d 532 Minn. Ct. App. 1986
(citing Larson v. Independent School District No. 314, Williamson v. Cain, 310 Minn. 59 , ).
Johnson v. County of Nicollet 387 N.W.2d 209 Minn. Ct. App. 1986
Gonzales v. Hollins 386 N.W.2d 842 Minn. Ct. App. 1986
Gonzales v. Hollins 386 N.W.2d 842 Minn. Ct. App. 1986
Johnson v. County of Nicollet 387 N.W.2d 209 Minn. Ct. App. 1986
(a municipality’s failure to remove snow plowed onto a median is not a discretionary act); (the State’s failure to place warning signs on a hazardous road was not a discretionary act because "[as] part of its duty to maintain highways, the State must repair or warn drivers of dangerous situations”).
Schleicher v. Lunda Construction Co. 385 N.W.2d 15 Minn. Ct. App. 1986
Schleicher v. Lunda Construction Co. 385 N.W.2d 15 Minn. Ct. App. 1986