State v. Brown
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The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of the State in this action brought by Plaintiff alleging that his injuries were proximately caused by the negligence of a state employee, holding that the State was immune based on the recreational activity exemption to the State's waiver of sovereign immunity.
Plaintiff was sitting at a table in a State-owned recreation area when a park superintendent started mowing wet grass in the area with a riding lawnmower. The mower slipped on the grass, slid down a slope, and collided with the picnic table, throwing Plaintiff from the table and causing him to suffer injuries. Plaintiff brought a negligence lawsuit against the State. The district court granted summary judgment for the state, concluding that both the recreational activity and weather conditions exemptions in the State Tort Claims Act (STCA) applied. The Supreme Court affirmed, holding that the district court did not err in granting summary judgment based on the STCA's weather conditions exemption.
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