Blonski v. Metro. Dist. Comm'n
Annotate this CasePlaintiff was injured when she rode her bicycle into a pipe gate on property maintained by Defendant, a water supply company. Plaintiff brought this action claiming that Defendant was negligent in its maintenance of the gate. After a trial, the jury awarded damages to Plaintiff. Defendant appealed, claiming that no reasonable juror could have found that the alleged negligence had an "inherently close connection" to Defendant's proprietary function of supplying water and that, in the alternative, it was entitled to immunity under the Recreational Land Use Act. The Supreme Court affirmed, holding (1) Defendant was liable because the maintenance of the gate was inextricably linked to a proprietary function; and (2) Defendant was not entitled to immunity pursuant to the Act.
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