Doyle v. City of Roseville

507 N.W.2d 33, 1993 Minn. App. LEXIS 1030, 1993 WL 429295
CourtCourt of Appeals of Minnesota
DecidedOctober 26, 1993
DocketNo. C7-93-710
StatusPublished
Cited by1 cases

This text of 507 N.W.2d 33 (Doyle v. City of Roseville) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doyle v. City of Roseville, 507 N.W.2d 33, 1993 Minn. App. LEXIS 1030, 1993 WL 429295 (Mich. Ct. App. 1993).

Opinion

[35]*35OPINION

KLAPHAKE, Judge.

Marilyn Doyle appeals from summary judgment granted to the City of Roseville (city), claiming the city is not immune under Minn.Stat. § 466.03, subds. 4, 6, 6e (1990) from liability for her injuries resulting from a fall in a parking lot adjacent to a municipal ice arena. We reverse and remand for trial.

FACTS

In February 1991, appellant Marilyn Doyle attended a hockey game at the Roseville Ice Arena (ice arena). Doyle did not pay to attend the event because she was invited as a special guest, but other patrons visiting the arena paid admission to attend. When Doyle entered the arena, the temperature was unseasonably warm, and the parking lot had shallow running water from the melting snow. When Doyle departed from the arena, the temperature had dropped considerably. Doyle slipped and fell on a patch of glare ice, breaking her leg.

The ice arena is owned by the city and controlled as one of its departments. The Roseville Public Works Department is primarily responsible for plowing, sanding and salting the arena lot with occasional assistance from the parks department. The ice arena manager is responsible for the arena and the adjacent parking lot, and he determines whether plowing, sanding or salting is necessary.

In September 1991, Doyle sued the city, alleging it negligently maintained the parking lot. The city moved for summary judgment based upon discretionary immunity under section 466.03, subd. 6 (1990), and parks and recreation immunity under section 466-03, subd. 6e (1990). The district court granted summary judgment based on a municipality’s immunity for injuries caused by snow and ice under section 466.03, subd. 4 (1990), as well as the parks and recreation immunity granted under section 466.03, subd. 6e. Marilyn Doyle appeals.

ISSUES

1.Is a municipality operating an ice arena for proprietary purposes immune from liability for injuries occurring on its parking lot under parks and recreation immunity, Minn.Stat. § 466.03, subd. 6e (1990)?

2. Is a municipality operating an ice arena immune from liability for injuries caused by ice build-up on its parking lot under snow and ice immunity, Minn.Stat. § 466.03, subd. 4 (1990)?

3. Is a municipality operating an ice arena immune from liability for injuries caused by failure to inspect and sand its parking lot under the doctrine of discretionary immunity, Minn.Stat. § 466.03, subd. 6 (1990)?

ANALYSIS

In reviewing a grant of summary judgment, this court must determine (1) whether genuine issues of material fact exist for trial, and (2) whether the trial court erred in applying the law. Offerdahl v. University of Minn. Hosps. & Clinics, 426 N.W.2d 425, 427 (Minn.1988). The evidence is viewed in the light most favorable to the party against whom summary judgment is granted. Grondahl v. Bulluck, 318 N.W.2d 240, 242 (Minn.1982).

I. Parks & Recreation Immunity
A municipality is immune from [a]ny claim based upon the construction, operation, or maintenance of any property * * * intended or permitted to be used as a park, as an open area for recreational purposes, or for the provision of recreational services. * * * Nothing in this subdivision limits the liability of a municipality for conduct that would entitle a trespasser to damages against a private person.

Minn.Stat. § 466.03, subd. 6e (1990). Courts must interpret statutory language according to its common and approved usage. Minn. Stat. § 645.08(1) (1992). Courts must also narrowly construe exceptions to the general rule of municipal tort liability. See Holmquist v. State, 425 N.W.2d 230, 231 (Minn.1988). Additionally, the scope of a statute is limited by the reasons for its existence. See Bufkin v. City of Duluth, 291 N.W.2d 225, 226 (Minn.1980).

[36]*36Applying the rules of statutory construction, we conclude that the city is not immune from liability, under parks and recreation immunity, for Doyle’s injury. A plain reading of “park,” “open area,” or providing “recreational services” under section 466.03, subd. 6e does not include a parking lot adjacent to an ice arena operated for a proprietary, rather than purely recreational purpose. See Grimm v. Commissioner of Pub. Safety, 469 N.W.2d 746, 747 (Minn.App.1991).

Further, interpreting the statutory language narrowly, we conclude that an injury occurring in such an ice arena parking lot should not be included under parks and recreation immunity. The facts here are most similar to those in Bufkin, 291 N.W.2d at 226-27. In Bufkin, the plaintiff slipped and fell on a patch of glare ice on the sidewalk leading to the Duluth Arena Auditorium. Id. at 226. • The Bufkin court held a municipality operating an arena for profit to the same duty as the duty of a private owner to maintain sidewalks. Id. at 227. Thus, Bufkin supports our narrow interpretation of the parks and recreation immunity statute.

While Bufkin was decided before enactment of Minn.Stat. § 466.03, subd. 6e, legislative history of the statute does not affect our interpretation because the legislature simply did not consider how the statute would apply in this situation or in any analogous situation. See Hearing on S.F. No. 1727 Before the Senate Judiciary Committee (Feb. 29 & Mar. 11, 1986); Hearing on H.F. No. 1950 Before the House Judiciary Committee (Feb. 26, 1986); Hearing on H.F. No. 2169 Before the House Appropriation Committee (Mar. 16, 1976). Thus, as the city operated the ice arena here in its proprietary capacity, we conclude it should be held to the same standard as a private enterprise. See Bufkin, 291 N.W.2d at 226-27.

Finally, the reasons for the statute’s existence do not invite us to include this injury under parks and recreation immunity. See Bufkin, 291 N.W.2d at 226. We conclude the district court erred, as a matter of law, in holding that parks and recreation immunity applied in this case. See Minn.Stat. § 466.-03, subd. 6e; Holmquist, 425 N.W.2d at 231.

The city argues that Johnson v. State, 478 N.W.2d 769, 771-2 (Minn.1991) is controlling because the statute here is analogous to the state’s park and recreation immunity. See Minn.Stat. § 3.736, subd. 3(h) (1990). We disagree. The state’s park and recreation statute provides no guidance in determining whether a municipal ice arena parking lot is intended to be “used as a park, open recreation area or to provide recreational services.” Minn.Stat. § 466.03, subd. 6e. Further, in Johnson, the statute specifically named the location of the injury as part of the applicable immunity. Johnson, 478 N.W.2d at 772; see Minn.Stat. § 86A.04 (1990) (defines rest areas as part of state outdoor recreational system).

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Related

Doyle v. City of Roseville
524 N.W.2d 461 (Supreme Court of Minnesota, 1994)

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Bluebook (online)
507 N.W.2d 33, 1993 Minn. App. LEXIS 1030, 1993 WL 429295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyle-v-city-of-roseville-minnctapp-1993.